IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.5215 of 2026 DATE OF ORDER: 19.02.2026 Between:

Sri D V Laxman Rao.

…Petitioner AND The State of Telangana, Municipal Administration and Urban Development Department and six others.

…Respondents

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri.G.Madhusudhan Reddy, learned standing counsel for GHMC appearing for respondent Nos.2 and 3. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has being filed seeking the following prayer:-

“to declare the inaction of Respondents Nos.2 and 3 in not taking action against the illegal construction being made by Respondent Nos.4 to 7 in premises Nos.8-1-454/3 and 6774/2, Shivaji Nagar, Secunderabad, as illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India and to consequently direct Respondent No.2 to consider the representations dated 19.11.2025 07.01.2026 and 13.01.2026 and to initiate action as per law.”

3. Brief facts as stated in this writ petition are that the petitioner claims to be the owner and possessor of the entire first floor of premises bearing Municipal Nos.8-1-256 and 8-1-257, along with an undivided share of land admeasuring to an extent of 35.33 square yards, being 1/3 share in the total extent of land admeasuring 106 square yards, including common amenities, situated at Shivaji Nagar, Secunderabad, having acquired the same through registered Partnership deed bearing document No.962 of 2011 dated 27.05.2011. The case of the petitioner is that his neighbors i.e., respondent Nos.4 to 7 are owners of the property bearing H.No.8-1-154/3 and 6774/2, consisting of ground and first floor, situated at Shivaji Nagar, Secunderabad, and the respondent Nos.4 to 7 with an intention to construct their property has demolished the existing building in the month of June, 2025 and by November, 2025 they had raised four slabs, without leaving any setbacks, thereby obstructing the light and air to petitioner’s land. Hence, the petitioner approached respondent No.3 and therein he came to know that the respondent Nos.4 to 7 obtained building permission on 06.02.2025 and work commencement letter was issued on 19.04.2025 for construction of stilt for parking +two upper floors with a setback of 15 feet for road widening. It is further submitted that the respondent Nos.4 to 7, without leaving any setbacks, illegally raised four slabs and the petitioner on 07.01.2026 made a representation and requested the respondent Nos.2 and 3 to stop the illegal construction and initiate action against respondent Nos.4 to 7, however, the same is still pending for consideration. Further case of the petitioner is that on 13.01.2026, petitioner sent a legal notice to respondent Nos.4 to 7 and inspite of receipt of the same, the respondent Nos.4 to 7 are going ahead with the illegal construction on the subject property. Aggrieved by the inaction of the respondent authorities in taking action against the illegal construction being made by respondent Nos.4 to 7, this writ petition is filed.

4. Learned counsel for the petitioner submits that since petitioner’s representation dated 07.01.2026 is still pending for consideration, the respondent authorities may be directed to consider the same and take action in a time bound period.

5. Learned standing counsel for GHMC appearing for respondent Nos.2 and 3 would submits if the petitioner’s representation dated 07.01.2026 is still pending for consideration, the respondent authorities would consider the same and take appropriate action in accordance with law.

6. In the case on hand, it is pertinent to refer to some of the relevant Sections of GHMC Act, 1955, the same are extracted hereunder:-

Section 428 of GHMC Act, 1955 “Every person who intends to ere