Telangana High Court
Sri Sumeet Jain v. State of Telangana
WP/26728/2026
- Decision date
- 2026-08-14
- Text availability
- Full text
- Judges
- B. Vijaysen Reddy
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
[ 3183 ] tN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRIJUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 26728 OF 2026 Between: 1. Sri Sumeet Jain, S/o. Sri Tarachand, aged about Major Occ: Tekdi, Business, Rl/o. H.No.4-4-698, K.S. Lane Hanuman Hyderabad. 2. Smt. Anitha Bhansali, Wo. Sumeet Jain, aged about Major Occ: Household, Rl/o. H.No.4-4-698, K.S. Lane Hanuman Tekdi, Hyderabad ...Petitioners AND Principal Secretary 1. State of Telangana, represented by its l\/unicipat Administration and Urban Development Department Secretariat, Hyderabad. 2. The Commissioner, Greater Hyderabad [/unicipal Corporation Tank Bund Road, Hyderabad. 3. The Zonal Commissioner, SecunderabadZone, Amberpet mandal Greater Hyderabad tvlunicipal Corporatlon Hyderabad. tVlunicipal 4. The Deputy Commissioner, Greater Hyderabad Corporation Circle-42, Amberpet, Hyderabad 5. Sri N Maheshwar, S/o. Chandraiah N, H.No'8-4-3691211/149, SRT Nagar, Borabanda, Rangareddy District, Telangana - 5000'l 8 ...Respondents 1: --'"i: --'-J :?: 7
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therew'th, the High Court may be pleased to pass an Order, Direction or Writ ard more particularly one in nature of Writ of Mandamus declaring the action of respondent possesslon, Nos.2 to 4 in threatening to interfere with the peiaceful enjoyment and lawful construction of the petitioners over their property bearing tVunicipal No.3-3- 900/4/4, situated at Kuthbiguda, Hyderabad, despite having valid Building Permissions and Work Commencement Letters, as illegal, arbitrary, high-handed, unconstitulional and violative of Articles 14, 21 and 300-4 of the Constitution of lndia, and consequently direct the respondents No.2 to 4 not to interfere with the peaceful possession, enjoyment and lawful construction of the petitioners over property bearing Municipal No.3-3-900/4/A, situated at Kuthbiguda, Hyderabad, in the interest of justice. I.A. NO: 1OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, tre High Court may be pleased pass an order directing the respondents No.2 to 4 not to interfere with the peaceful possession, enjoyrnent and lawful construction of the petitioners over property bearing Municipal No.3-3-900141A, situated at Kuthbiguda, Hyderabad, in the interest of justice and pass
Counsel for the Petitioners: Sri. SARDAR JASBEER SINGH Counsel for the Respondent No.1: GP for Mcpl Admn & Urban Dev Counsel for the Respondent Nos.2 to 4: Mr. G. MADHUSUDAN REDDY, Standing Counsel for Greater Hyderabad Municipal Corporation Counsel for the Respondent No.5: -.:---The Court made the following: ORDER I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT }TYDERABAD HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.25728 OF 2026 DATE OF ORDER: L4.08.2026 Between: Sumeet f ain and another ...Petitioners AND The State of Telangana Represented by its Principal Secretary Municipal Administration and Urban Development Department, Secretariat, Hyderabad and others .. . Respondents ORDER:(ORAL) Heard Mr. Sardar Jasbeer Singh, learned counsel for the petitioner; Mr. G.Madhusudhan Reddy, learned Standing Counsel for GHMC, appearing for respondents No.2 to 4; Mr. S.Balchand, learned counsel for the implead petitioner; and perused the material on record.
are de{endants in the suit in O.S. No'1490 of 20262. The petitioners herein {iled by the implead petitioner in I.A. No.2 of 2O26 for perpetual injunction on the file of the learned XX funior Civil Judge, City Civil Court, Hyderabad (for short,trial Court') wherein initially, exparte ad-interirn injunction order dated respect of the 04.06.2026 was passed in I.A. No.383 ot 2026 in the suit in therein and the same and schedule ProPerty - II schedule Property - I challenged the order dated' M'06 2026 n is pending. The petitioners C.M.A. No.31 of 2026. Comrnon order dated 28.07.2026 was passed by the -t- 2 learned II Additional Chief Judge, City Civil Court, Hyderabad dismissing the applications in I.A. Nos.1446 of 2026 (seeking stay of all further proceedings in o.s' No 1490 of 2026) and. i.457 of 2026 (seeking suspensior of operation of the order dated 04-06.2026 passed in I.A. No.3g3 of 2026 in o.s. No.1490 oI 2026) in C.M.A. No.31 of 2026 filed by the petitioners. I.A. No.383 oI 2026 in o.s. No.1490 o12026 is still pending before the hial Court a.d counter has been filed by the petitioners (defendants therein) and the samr: is coming up for hearing on 01.09.2026.
3' As seen from the order dated 04.06.2026 passed by the trial Court in I A' No 383 ot 2026 n o.S. No.1490 oI 20?6, ad-interim injunction was granted restraining the defendants (petitioners herein) from raising,ny construction or continuing on-going construction in respect of the schedule property _ I and schedule property - II therein in violation of the sanctioned building plan and mandatory setback requirements. 4' Learned counsei for the petitioners submitted that t.e suit fited by the implead petitioner against the writ petitioners is a frivolrus suit. In fac! the construction is at the initia-l stage and question of violating the sanctioned plan would not arise. 5' However, taking note of the subsistence of the injurction order dated 04'06'2026 passed by the triar court against the petitioners herein in I.A. No.3g3 lE4&MElrF 3 ol 2026 in O.S. No.1490 of 2026, this Court is of the view that the writ petition seeking for direction to the respondents-GHMC not to interfere with the schedule properties cannot be entertained.
6. In the circumstances, this writ petition is disposed of directing the trial Court to dispose of the injunction application in I.A. No.383 of 2026 in O.S. No.1490 of 2026 as expeditiously as possible preferably within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear the construction undertaken by the petitioners in respect of the property bearing Municipal No.3-3-900/4/A, situated at Kuthbiguda, Hyderabad shall be subject to further orders that may be passed in I.A. No.383 ol 2026 in O.S. No.1490 of 2026. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition, stand closed SD/- B.REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// TION OFFICER )' To, and Urban 1. The Principal Secretary Municipal Administration ' Development Department Secretariat' Hyderabad' 2. rhe commissioner, Greater Hyderabad vlunicipal corporation Tank Bund Road, HYderabad' Amberpet mandal SecunderabadZone' Commissioner, Zonal 3." The Corporation Hyderabad' Municipal iyJerabad G;;rt", 4. The Deputy Commissioner, Greater Hyderabad lvlunicipal ' Cotpootif n'Circle-42, Amberpet' Hyderabad 5. One CC to SRI' SARDAR JASBEER SINGH' Advocate [OPUC] E:i.r-r"i=Ta !r_.r--- a---y 6. One CC to SRl. G. MADHUSUDAN REDDY, Standing Counselfor G reater Hyderabad Mun icipal Corporation, [OP JC] 7. Two CCs to GP FOR IVCPL ADN/N & URBAN DEV, High Court for the State of Telangana, at Hyderabad [OUT]
8. Two CD Copies PSR 11- TKS HIGH COURT CC TODAY DATED: 1410812026 -..9i-,'-.:-l^ 5 i"' i Z[tt q.)) [\Jt Za!' !) 1g tORDER t DE5PAl WP.No.26728 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. .,{9\ c[\ \ \'l-