Municipal authorities are legally obligated to inspect and take appropriate action on citizen complaints regarding unauthorized constructions, adhering to statutory notice and due process requirements under the city municipal laws.

ORDER:

This writ petition is filed seeking a writ of mandamus declaring the inaction of respondent No. 3 in failing to dispose of the petitioner’s representation/complaint dated 03.01.2026 as illegal and in violation of the provisions of the Telangana Municipalities Act, 2019, with a consequential prayer to direct respondents Nos. 1 to 3 to demolish the illegal construction comprising stilt plus three floors on the premises bearing Plot No.19 and 10–67 North Part, near Red Cross, Gaddiannaram, Survey Nos.271/1, 271 Paiki and 272 (Part), Gaddiannaram (V), Saroornagar Circle–5, LB Nagar Zone, Saroornagar (M), GHMC, Rangareddy District, within the limits of the GHMC.

2. The learned counsel for the petitioner would submit that respondent No.4 is the owner of Plot No.19 and 10–67 North Part, near Red Cross, Gaddiannaram, Survey Nos. 271/1, 271 Paiki and 272 (Part), Gaddiannaram (V), Saroornagar Circle–5, LB Nagar Zone, Saroornagar (M), GHMC, Rangareddy District. Further, respondent No.4 is the owner/occupier of premises covering about 129.99 sq., yards at the same location and obtained a GHMC building permit vide Permit No.445281/9227/GHMC/2024, dated 25.10.2024. Though permissions were sanctioned by respondents Nos.2 to 4 for construction of residential building consisting of stilt for parking plus Two upper floors, respondent No. 4 is illegally constructing two additional floors in violation of the permits and sanctioned plans and without maintaining required setbacks, which poses serious structural and safety risks, rendering it illegal and unlawful.

3. The petitioner made a representation on 03.01.2026 to respondent No.3/the Deputy Commissioner, Saroornagar, Circle-5, GHMC, Hyderabad, regarding the said unauthorized and illegal construction, but respondent No.3 has not taken any action against the said illegal construction. Hence, the petitioner filed the present writ petition.

4. Per contra, learned Standing Counsel appearing for the respondents would submit that the representation dated 03.01.2026 will be considered, if not already considered, and appropriate action would be initiated, in accordance with law, and praying this Court to pass appropriate orders.

5. Heard Sri Ibad Ur Rehman Khan, the learned counsel for the petitioner and Sri Srinivasa Rao Pachwa, the learned Standing Counsel for GHMC appearing for respondent Nos.2 and 3 and perused the material made available on the record.

6. The main grievance of the petitioner is that though he brought to the notice of the respondent No.3, by way of representation dated 03.01.2026, about the illegal/ unauthorized construction at Plot No.19 and 10–67 North Part, near Red Cross, Gaddiannaram, Survey Nos. 271/1, 271 Paiki and 272 (Part), Gaddiannaram (V), Saroornagar Circle–5, LB Nagar Zone, Saroornagar (M), GHMC, Rangareddy District, the respondents No.3 has failed to initiate any action against the illegal construction made by respondent No.4.

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