IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.7996 of 2026 Date: 16.03.2026 Between K. Naseeruddin …Petitioner AND The State of Telangana, Represented by its Principal Secretary, Municipal Administration And Urban Development Department, 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 encroachment on the public path and illegal construction made by the respondent No.5 encroach in to setback area and fully covered with iron sheets, Grill put a door and utilizing with dump yard and also consider the petitioner representation dated 06.10.2025.

2. Learned counsel for the petitioner submits that Dy. Commissioner/respondent No.2 has already passed an order vide Lr.No.33747/TPS/W11/C12/KZ/GHMC/2025/2 dated 17.12.2025 directing the respondent No.5 to remove the iron sheets, Grill with door erected by encroaching the setbacks area as per the permission granted for construction in the premises H.No.11-4-641, Moghal Meliorate, Apartment situated at Red Hills, Hyderabad. Thereafter, no action has been taken by respondent No.5. Hence, the petitioner filed the present writ petition.

3. On the other hand, the learned Standing Counsel appearing for respondent Nos. 2 to 4 submitted that the representation dated 06.10.2025 has already been considered. It was further submitted that, as action has already been initiated, respondent No. 3 will proceed with the further course of action in accordance with law and 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 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 petitioner is that though they brought to the notice of the respondent Nos.2 to 4, by way of representation dated 06.10.2025, about the illegal/unauthorised construction at Moghal Meliorate, 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 the information, furnished by him is found to be correct.”

8. For better appreciation, this Court deems it appropriate to refer some of the relevant Sections of Greater Hyderabad Municipal Corporation Act, 1955 (hereinafter referred to as ‘the GHMC Act’).

Section 428 of the GHMC Act, 1955

428. Notice to be given to commissioner of intention to erect a building: (1) Eve