Municipal authorities are statutorily mandated to examine and initiate action against unauthorized construction upon receipt of a complaint, following due process of law that includes providing an opportunity of hearing to both the complainant and the person alleged to have violated building norms.

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1, Sri.M.Arun Kumar, learned standing counsel for GHMC appearing for respondent Nos.2, 3 and 8 and learned Assistant Government Pleader for Home appearing for respondent Nos.4 to 6. With their consent, the writ petition is being taken up for disposal.

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

“to declare the inaction of the Respondents Nos.2 and 3 in not taking any action in demolishing the illegal structure constructed by the Respondent No.7 in H.No.12-2-418/3/32 and 12-2-418/3/32/A, Vishwas Nagar Cooperative Housing Society, Gudimalkapur, Hyderabad, by violating the building permit order bearing Permit No.0294/GHMC/KHB/2025-BP dated 15.03.2025 despite the representations given by the petitioner on 16.09.2025 as illegal, arbitrary and in violation of Article 14, 19 and 300A of the Constitution of India and consequently direct the Respondents No.2 and 3 to demolish the illegal structure constructed by the Respondent No.7 in H.No.12-2-418/3/32 and 12-2-418/3/32/A, Vishwas Nagar Cooperative Housing Society, Gudimalkapur, Hyderabad.”

3. Brief facts as stated in this writ petition are that the petitioner claims that her husband i.e., Sri.Syed Yahya Razvi, is the owner and possessor of house bearing No.12-2-418/3/31, admeasuring to an extent of 394 Sq.yards, in Plot No.31, Sy.No.57/1, Vishwas Nagar Cooperative Housing Society, Gudimalkapur, Hyderabad, having acquired the same through registered sale deed dated 07.01.1983. It is submitted that the petitioner’s husband died on 31.10.2023 and the petitioner is continuing to reside in the said property. The case of the petitioner is that her neighbour i.e., respondent No.7 had obtained building permit order bearing No.0294/GHMC/KHB/2025-BP dated 15.03.2025, for construction of building with stilt + four floors on house bearing Nos.12-2-418/3/32 and 12-2-418/3/32/A, in Vishwas Nagar Cooperative Housing Society, Gudimalkapur, however, in deviation to the permit order dated 15.03.2025, respondent No.7 had not left any setbacks and is constructing a cellar by demolishing the petitioner’s compound wall. Hence, the petitioner on 16.09.2025 made a complaint and requested the respondent authorities to take action against the illegal construction and the same is still pending for consideration. Aggrieved by the pending consideration, the present writ petition is filed.

4. Learned counsel for the petitioner submits that this Court on 26.09.2025, directed the respondent No.3-the Zonal Commissioner, Khairatabad Zone, to forthwith take action on the petitioner’s complaint dated 16.09.2025 regarding unauthorized construction being raised by respondent No.7 in deviation of permit order bearing No.0294/GHMC/KHB/2025-BP dated 15.03.2025, by affording an opportunity of hearing to the petitioner and respondent No.7 and pass orders in accordance with law. It is further submitted that on 24.12.2025, this Court again directed respondent No.3 to stop the unauthorized construction made by respondent No.7 on the subject property. However, till date no action is initiated.

5. Learned counsel for the petitioner further submit that subsequent to the aforesaid orders, the Government vide G.O.Ms.Nos.292 dated 24.12.2025, re-organized the GHMC into different zones and in view of the same, the subject property fell under the jurisdiction of the Zonal Commissioner, Golconda Zone. Hence, the petitioner on 21.01.2026, filed I.A.No.2 of 2026 in this writ petition, seeking direction to responde