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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION No.9571 of 2026 DATE OF ORDER:31.03.2026

Between:

Ali Mustafa Raza, S/o Ghouse Mohiuddin Mahajir

...Petitioner AND

The State of Telangana, Rep. by its Principal Secretary,

Municipal Administration, Secretariat, Hyderabad & 6 others

...Respondents

ORDER:

This writ petition is filed questioning the action of official

respondents in not stopping the illegal and unauthorized construction being carried out by respondent Nos.5 to 7 in respect of the premises bearing Municipal No.16-2-19/4 and H.No.16-2-20, Akbarbagh, behind Government Printing Press, Malakpet, Hyderabad as being illegal, arbitrary, violative of provisions of Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘GHMC’), violation of Articles 14, 15, 16 and 21 of the Constitution of India and against the principles of natural justice. A consequential prayer is sought to direct respondent Nos.2 to 4 to stop the illegal and unauthorized

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construction being carried out by respondent Nos.5 to 7 at the subject

property.

2. Brief facts of the case as stated are that the petitioner claims to be the G.P.A holder of his brother Mr. Shoukat Ahmed Raza, who claims to be the absolute owner and possessor of all the property bearing Municipal H.No.16-2-19/4 situated at behind printing press, Akbar Bagh, Malakpet, Hyderabad. It is submitted that the respondent Nos.5 to 7 started illegal construction at the subject property without obtaining any permission from GHMC authorities and without maintaining leaving any passage. Aggrieved by the action of respondent Nos.5 to 7, the petitioner made representation to respondent No.4 – The Assistant Town Planner, GHMC, Circle No.6, Division-27, Malakpet, Hyderabad on 21.05.2025 to stop the illegal constructions being carried out by respondent Nos.5 to 7. But till date no action has been initiated on the said representation. As such,

the present writ petition is filed.

3. Learned counsel for the petitioner submits that since petitioner’s representation dated 21.05.2025 is still pending for consideration, though the said representation is acknowledged on the same day, the respondent authorities may be directed to consider the

same and take action in a time bound period.

4. On the other hand, Mr. Raparthi Venkatesh, learned Standing Counsel for GHMC appearing for respondent Nos.2 to 4 would submit

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that the representation of the petitioner dated 21.05.2025 would be considered by the respondent authorities and pass appropriate orders strictly in accordance with the provisions of GHMC Act, 1955 and TG-

bPASS Act, 2020 and prays this Court to pass appropriate orders.

5. Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent Nos.2 to 4 and perused the material

made available on the record.

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 (TG- bPASS) Act, 2020 (for short ‘the TG-bPASS Act’) encourages citizens to put on notice to the Civic Authorities regarding unauthorized constructions. Section 7(6) of the TG-bPASS Act is extracted for

reference.

“7. Approval of Building Permissions-

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(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 ma