ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, and Sri Midde Arun Kumar, learned standing counsel for GHMC appearing for respondent Nos.2 to 4. With the consent of both the parties, the writ petition is being taken up for disposal.

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

“to issue writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondents No.1 to 4 in not taking the action in pursuant to the issuance of Notice bearing No. /UC/C-19/W102/2025, dated 12.12.2025, as illegal, arbitrary, unjust, unreasonable, contrary to law and unconstitutional and consequently direct the respondents No.1 to 4 to demolish the illegal structures after due verification in the interest of justice and pas such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case...”

3. The case of the petitioner is that the petitioner is the absolute owner and possessor of the premises bearing H.No.8-3-224/11 and 14, situated at Yousufguda, Hyderabad, having purchased the same through a registered sale deed dated 03.09.2025 and obtained valid building permission under the provisions of the TG-bPASS Act, 2020 vide Permit No.425709/GHMC/2024 dated 28.10.2024 for construction of Stilt + 2 Upper Floors. It is further submitted that while the petitioner is carrying on construction strictly in accordance with the sanctioned plan, the 5th respondent is illegally raising constructions by putting up unauthorized shutters over Government land/footpath abutting the petitioner’s property without having any manner of right, title or permission from the competent authorities. It is further submitted that the said illegal construction is causing obstruction to the ingress and egress of the petitioner’s premises and is also creating public nuisance and inconvenience to the general public. It is further submitted that the petitioner made a grievance on 02.11.2025 before the respondent authorities, pursuant to which the 4th respondent issued a Show Cause Notice bearing No.UC/C-19/W102/2025 dated 12.12.2025 acknowledging the existence of unauthorized construction. However, despite issuance of the said notice, no further action has been taken by the respondent authorities against the illegal construction raised by the 5th respondent. It is further submitted that the inaction on the part of the respondent authorities in not taking steps to remove the unauthorized construction, despite having knowledge of the same, is arbitrary, illegal and contrary to the statutory provisions. Aggrieved by the failure of the respondent authorities in taking appropriate action and allowing the illegal construction to continue, the present writ petition is filed.

4. Learned Standing Counsel appearing for respondent Nos.2 to 4 would submit that a show cause notice was issued in the month of December, 2025, appropriate steps would be taken in accordance with law. Learned Standing Counsel also draws attention to the photographs filed along with the writ petition to contend that respondent No.5 is operating three shops with temporary sheds on the main road.

5 Learned Standing Counsel further submits that, to the extent of any illegal construction found on the property of respondent No.5, appropriate action would be taken after issuing notice to respondent No.5 and prays to pass appropriate orders.

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 com