IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Date: 16.02.2026 Between:

Udgiri Saiteja and another … Petitioners And The State of Telangana, Represented by its Principal Secretary, Municipal Development, Secretariat, Hyderabad and Eight others.

… Respondents

ORDER

This writ petition is filed seeking a writ of mandamus to direct the respondents No.2 to 6 to make a physical inspection on the illegal construction being done by the respondents No.7 to 9 on the land at Plot No.93, H.No.1-51/191/93/nr, Kondapur, Serilingampally, Ranga Reddy District and take action in accordance with law and also consider the petitioners representations dated 02.02.2026, 03.02.2026 and 09.02.2026 and stop illegal construction done by the unofficial respondents No.7 to 9 and demolish the same, if illegal constructions are found in the above land.

2. The learned counsel for the petitioners would submit that the petitioner No.1 and the respondents No.7 to 9 constituted a partnership firm deed namely as M/s. KSS Groups, registered vide Sl.No.1625 of 2025 dated 02.04.2025 to run Hotel, Restaurants and Food Business. Petitioner No.2 is the uncle and care taker of petitioner No.1 business. It is further submitted that the respondents No.7 to 9 without following due process intended to change the nature of business i.e., planning to run Hokka center in 1^st floor and change the nature of the above said property and made illegal construction, upon that the petitioner No.1 retired from the partnership firm on

10.12.2025.

3. While so, petitioners made representations dated 03.02.2026 and 09.02.2026 to the Assistant Commissioner and the Deputy Commissioner, Serilingampally, Circle 20, GHMC, Hyderabad, respectively, regarding unauthorized and illegal constructions, but the respondents No.2 to 6 have not taken any action against the said illegal construction. Hence, the petitioners filed the present writ petition.

4. On the other hand, the learned Standing Counsel appearing for the respondents would submit that the representations dated 03.02.2026 and 09.02.2026 will be considered, if not already considered, and appropriate action would be initiated, in accordance with law, and would submit to pass appropriate orders.

5. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents and perused the material made available on the record.

6. The main grievance of the petitioners is that though they brought to the notice of the respondents No.5 and 6, by way of representations dated 03.02.2026 and 09.02.2026, about the illegal/ unauthorised construction at Plot No.93, Kondapur, the respondents No.5 and 6 have failed to initiate any action against the illegal construction made by the respondents No.7 to 9.

7. 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.

8. 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’) which also encourages citizens to put on notice to the Civic Authorities regarding unauthorized constructions. Section 7(6) of the TS-BASS 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 of permissions, in the manner prescribed. The identity of such informers shall be kept confidential. All su