Allowed

Sri Chappayala Surender v. The State of Telangana

Telangana HC8 Sept 2026WP/29628/2026

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the sealing of a property due to alleged unauthorized construction. The court directed the municipal corporation to consider the petitioner's regularisation application with a hearing, unseal the property immediately to prevent coercion, and imposed costs as the penalty for unauthorized build-up.

What did the court decide?

Unsealing of the premises; direction to consider and decide the regularisation application after hearing within time; direction to pay regularization costs and penalties.

Sri Chappayala Surender Vs The State of Telangana — Property and Title | Telangana HC (2026)

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[³¹⁸³ ]

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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(SPecial Original Jurisdiction)

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TUESDAY, THE EIGHTH^DAY OF^SEPTEMBER TWO THOUSAND^AND TWENTY^SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN^REDDY

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WRIT PETITION NO: 29628 OF 2026

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Between:

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Sri Chappayala Surender, S/o. Late Sri Chappayala^{SatyanarayanaAged} about . 49 years, Occ . Business, Rio.^H. No.5-1-4621148,^{Old GhasMandi,} Victoria Gunj, Secunderabad - 500 003.

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...PETITIONER

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AND

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The State of Telangana, represented by its Principal Secretary,^Municipal Administration and Urban Development Department, Secretariat, Hyderabad.

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The Malkajgiri Municipal Corporation, rep. by its Commissioner, Malkajgiri Zone, Medchal-Malkajgiri District, Telangana.

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The Malkajgiri Municipal Corporation, rep. by its Deputy Commissioner, Circle No.03, Bowenpally, Malkajgiri Zone, Hyderabad

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The Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Tank Bund, Hyderabad.

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,..RESPONDENTS

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Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the respondents more particularly respondent no.3 in sealing !f" ^gtllgry 9f^{the premises, pursuant to the Notice of Seating} hearini No.111/TPS/DClctR 03tMKZMMCt2o26, dated 31-ot-2026, and the ruotile oearini No'1 11lTPS/c-03rMKczMMct2o26, dated 03-08-2026, ot tre premrses oeaiini H No_1-11-111/6 (PTIN No.11€0103209), admen g 200 sq. yards or equivarent t6 ]9r.r^^:q _HZS^{consisting of cround ptusfour up-perftoors aggregatrngto 6877.50} sq. reer' srtuated at shvamrar Buirding. ErukuraBasthi, aegurn-p;ubto^-go*anpalry, secunderabad, Hyderabad, the Grourid prr. td6;;; iiiors wnrcrr are covered bv jlle^s^a!9tio_ned buirdins permission bearins r-r.r,ro zboeozrbutvlctitssiltiiii,'iZ;i 23-09-2022, without affording any opportunity of hearing, ,. "rO,trlr,,-^ifLgri

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drsproportron ate and vrotative of Articles 14, 19(1Xg), 21 and 3OO_A of the constitution of lndia and consequenfly be pleased to (a) direct the respondents to consider and dispose of the representations of the petitioner dated 21-0g-2026 and 31-08-2026, duly acknowledged on O1-09-2026, made under Sections 455-4 and 455-AA of the Hyderabad Municipal Corporations Act, 1955, within a time bound period to be fixed by this Hon'ble Court, by issuing notice to the petitioner and all other concerned and interested persons and after affording an opportunity of hearing, and to regularize the unauthorized construction of the third and fourth floors of the said premises on payment of such costs, penalty and regularization charges as may be deterrnined in accordance with law,(b) direct the respondents to forthwith unseal the said premises upon the petttioner complying with the payment of such penalty and regulaflzation charges, (c) direct the respondents not to interfere in any manner with the said building complex otherwise than in due course of law.

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LA. NO: 1OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith unseal the Ground floor and the first and second upper floors of the premises bearing H.No 1-'11-'l^'l 1/6 (PTIN No.1180103209), admeasuring 200 sq. yards or equivalent to 167.2 sq. meters, situated at Shyamtal Building, ErukulaBasthi, Begumpet / Old Bowenpally, Secunderabad, Hyderabad, which are covered by the sancttoned building permtssion bearing 1r.No.206967/GHMC|1759612022, dated 23-09-2022, and further direct the respondents to consrder and dispose of the representations of the petitioner dated 21-08-2026 and 31-08-2026 made under Sections 455-A and 455-AA of the Hyderabad Municipal Corporations Act,^'1955, and to regularize the third and fourth floors on^payment of such penalty and regularization charges as may be determined, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI PAYALLA CHANDRA SHEKAR

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Counsel for the Respondent No.1:^{GP FORMCPL ADMN AND URBANDEv}

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Counsel for the Respondent^{Nos.2 to 4: MR. G. MADHUSUDHANREDDY,S'c'} FOR MMC

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The Court made^{the following:ORDER}

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.29628 OF 2026 CNR. No. HBH C0106087 2202

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Date:08.09.2026

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Between:

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Sri Chappayala Surender

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.. Petitioner

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AND

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The State of Telangana Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and three others.

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.. Respondents

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ORDER:(ORAL)

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Heard Mr. Chandrashekar Payalla, learned counsel for the petitioner, and Mr. G. Madhusudhan Reddy, learned Standing Counsel for Malkajgiri Municipal Corporation, appearing for respondent Nos.2 to 4, and perused the material available on record.

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Learned counsel appearing for the petitioner submitted that the petitioner's vendors, namery, Mrs. siwa sharmira and Mr. siwa Revanth Kumar, obtained permission for construction of a Stilt for Parking + 2 upper floors in respect of the subject property bearing plot No/House No.'l-11-11116, Shyamlal Building, Erukula Basthi,

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BVR.J WP.No.29628 2026

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Begumpet Circle No.30, Secunderabad Zone, vide^work commencement letter No.206967/GHMCl1759612022,^dated 23.O92022 However, they constructed a building^{comprising Stilt + 4} upper floors The^petitioner thereafter^purchased the subject^property under registered sale deed bearing document No.5382 of^{2024, dated} 17 102024, and let out the said^property to a^{hospital, whichis} presently running a Rehabilitation Centre therein. Subsequently, alleging that the building had been constructed unauthorisedly,^{a show-} cause notice dated 1 1.05.2026 was issued to the^{petitioner. Thereafter,} a speaking order dated 04.07 2026 was^passed. ln continuation thereof, the impugned sealing notice dated 31 .07.2026 was issued, pursuant to which the subject property was sealed.

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lt is further submitted^{that, upon being advised,the petitioner} submitted applications/representations^{dated21 '08 2026 and} 3l.os.2026beforerespondentNos.2and3,respectively,under sections^{455-A and 455-AA of the Greater HyderabadMunicipal} Corporation^{Act, 1955 (for short'GHMC Act')' seeking regularisation of} the unauthorised^{construction/fl oors}

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Learned Standing^{Counsel appearingfor respondentNos 2} to 4 submitted that the regularisation^{application submitted by the} petitioner would be considered in accordance with law. Learned

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BVR,J WP.No.29628 2026

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Standing^{Counsel furthersubmitted that, in similar circumstances,} costs had^{been imposed upon the petitionerin W.P. No.18424 of 2026'} by order dated^{17.06.2026,for having made unauthorised construction.}

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ln view of the above,^{the writ petition is disposed of, directing} respondent^{No.2 to considerthe representationdated 21-08-2026} submitted^{by the petitioner under Sections 455-Aand 455-AAof the} GHMC Act,^{for regularizingthe unauthorised construction/floorsraised} over the^{property bearingPlot No./HouseNo.1-11-11116, Shyamlal} Building, Erukula^{Basthi, Begumpet Circle No.30, SecunderabadZone,} and^pass orders,^{in accordancewith law, by issuing notice to the} petitioner and all other concerned/interested^{persons by affording them} an opportunity^{of hearing, subjectto the conditionof petitionerpaying} the following costs:

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(i) A sum of Rs.2,00,000/- (Rupees two lakhs only) to the Malkajgiri Municipal Corporation^(MMC).The Commissioner, Malkajgiri Municipal Corporation, shall utilize this amount for providing health benefits to CIass-lV employees like scavengers, sanitary workers, sweepers, etc., who are engaged on contractual or outsourcing basis.

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(ii) A sum of Rs.1,00,000/- (Rupees one lakh onty) to the Telangana High Court Advocates Association

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BVR.J WP.No.29628 2026

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(THCAA) The High Court Advocates Association shall maintain separate account under the head^"Young Advocates Welfare Fund" and shall utilise this amount by framing guidelines for the benefit of^young advocates having standing of less than seven⁽⁷⁾ years

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Consequently, respondent Nos.2 and 3 are directed to unseal the subject property. Until the^petitioner's regularisation application dated 21 .082026 is considered and appropriate orders are^passed thereon, no coerove steps shall be taken against the^petitioner. There shall be no order as to costs

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As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed

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Sd/-C.DEEPIKA ASSISTANT REGISTRAR

/TTRUE COPY//

SECTION OFFICER

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