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2026 Supreme(Online)(Tel) 11639

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
K. Bhargav – Appellant
Versus
The State of Telangana – Respondent
WP 7989/2026



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.7989 of 2026 Date: 16.03.2026 Between: K.Bhargav … Petitioner And The State of Telangana, Represented by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Hyderabad and 4 others.

… Respondents

ORDER

This writ petition is filed seeking a writ of mandamus to direct the respondent Nos.2 to 4 to remove illegal and unauthorized construction undertaken by respondent No.5 at H.No.8-3-167/K/195/A, Kalyan Nagar Phase-III, Mothi Nagar, Hyderabad and also consider the petitioner’s representation dated

19.01.2026.

2. Learned counsel for the petitioner submits that the petitioner made a representation dated 19.01.2026, bringing to the notice of the official respondents the illegal and unauthorized construction being carried out by respondent No.5. Despite such representation, the official respondents have failed to take any action. It is further submitted that, due to the inaction and neglect on the part of the municipal authorities, the unauthorized construction has progressed rapidly and has now reached the final stage of completion. The said illegal construction, situated at H.No. 8-3-167/K/195/A, Kalyan Nagar Phase-III, Mothi Nagar, Hyderabad, consists of a Ground + Five Floors + Penthouse building, which has been constructed without obtaining any valid building permission or sanctioned plan from the GHMC. However, despite the said representation, the official respondents have failed to take any action. Hence, the petitioner filed the present writ petition.

3. On the other hand, the learned Standing Counsel appearing for the respondent Nos.2 to 4 would submit that the representation dated 19.01.2026 will be considered, if not already considered, and appropriate action would be initiated, in accordance with law, and would submit to pass appropriate orders.

4. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri G.Madhusudhan Reddy, learned Standing Counsel appearing for the respondent Nos.2 to 4 and perused the material made available on the record.

5. The main grievance of the petitioners is that though they brought to the notice of the respondent Nos.2 to 4, by way of representation dated 19.01.2026, about the illegal/unauthorised construction at H.No. 8-3-167/K/195/A, Kalyan Nagar Phase-III, Mothi Nagar, Hyderabad, the respondents Nos.2 to 4 have failed to initiate any action against the illegal construction made by the respondents No.5.

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’) 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 such cases shall be examined within a week from such information and appropriate action initiated. The information shall be incentivized in all such cases where

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