IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8687 of 2026 DATE OF ORDER: 24.03.2026 Between:

Mittapally Shekar Goud, S/o. Mittapally Linga Goud ...Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad & 3 Others ...Respondents

ORDER:

This writ petition is filed questioning the inaction of respondent Nos.2 and 3 in taking action against illegal construction carried out by respondent No.4 in property bearing part of plot No.7, Goutham Nagar, Kanteshwar Shivar, Survey No.114/A, Kanteshwar, Nizamabad, Telangana (hereinafter referred as “subject property”). A consequential prayer is sought to direct respondent Nos.2 and 3 to immediately initiate necessary action by inspecting the said construction carried out by respondent No.4 at the subject property and to take appropriate action in accordance with Municipal Laws including stopping the unauthorized construction.

2. Brief facts of the case as stated are that the petitioner claims to be the owner and resident of Navya Sri Homes, Plot No.204, Maruthi Nagar. It is submitted that the respondent No.4 started construction at the subject property admeasuring approximately 192 square meters, falling within the jurisdiction of Nizamabad Municipal Corporation. The respondent No.4 is undertaking the said construction without obtaining the required statutory permissions from the competent Municipal Authorities and in deviation to the sanctioned building plan and had not left the mandatory setbacks. Aggrieved by the action of respondent No.4 the petitioner made details representations on 02.01.2026, 23.02.2024 and 27.01.2026 to respondent Nos.2 and 3 requesting them to conduct an immediate inspection of the subject property and to take appropriate action in accordance with law against the unauthorized construction. But till date, no action has been initiated upon the aforesaid representations made by the petitioner. As such, the present writ petition is filed.

3. Learned counsel for the petitioner submits that since petitioner’s representations dated 02.01.2026, 23.02.2024 and 27.01.2026 are still pending for consideration, the respondent Nos.2 & 3 may be directed to consider the same and take action in a time bound period.

4. Mr. V.Satyam Reddy, learned Standing Counsel for Nizamabad Municipality appearing for respondent Nos.2 and 3 submits that if the petitioner’s representations dated 02.01.2026, 23.02.2024 and 27.01.2026 are still pending for consideration, the respondent authorities would consider the same and take appropriate action strictly in accordance with law and prays to pass appropriate orders.

5. Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent Nos.2 and 3.

6. Since this Court, time and again, directed the Municipal Authorities to initiate action against the illegal constructions by following due process of law, it is noticed that the authorities are failing to initiate action against the illegal constructions. However, in some of the cases, authorities are issuing statutory notices and thereafter not proceeding further to initiate further course of action unless writ petitions are filed for not considering complaints/

representations made to civic authorities.

7. It is not out of place to mention Section 7(6) of the Telangana State Building Permission Approval and Self Certification System (TS- bPASS) Act, 2020 (for short ‘the TS-bPASS Act’) and Section 174(5) of the Telangana Municipalities Act, 2019 encourages citizens to put on notice to the Civic Authorities regarding unauthorized constructions.

Section 7(6) of the TS-bPASS Act is extracted for reference.

“7. Approval of Building Permissions-

….

(6) Citizens shall be encouraged to bring to the notice of Municipality and District Collector cases where unauthorized construction or construction in violation of or in excess o