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2026 Supreme(Online)(Tel) 13642

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
M. Lalitha – Appellant
Versus
The State of Telangana – Respondent
WP 7875/2026



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.7875 of 2026 Date: 16.03.2026 Between:

M.Lalitha and another … Petitioners And The State of Telangana, Represented by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad and 4 others.

… Respondents

ORDER

This writ petition is filed seeking a writ of mandamus to direct the respondents to remove illegal encroachment on the public path and illegal construction vide House bearing No.7-1-207, Bendimet, Mruthi Veedhi, Secunderabad and also consider the petitioners representations dated 04.03.2026, 11.08.2025, 19.05.2025, 23.05.2025 and 02.03.2026.

2. The learned counsel for the petitioners submits that the petitioners are residing in House No.7-1-253, Upperguda, Bendimet, Secunderabad, which is alleged to be an unauthorized construction of G+2 floors built on an illegally occupied public pathway without obtaining permission from the GHMC. It is further submitted that the petitioners have made several representations dated 19.05.2025, 23.05.2025, 11.08.2025, 02.03.2026, and 04.03.2026. However, the official respondents have failed to take any action on the petitioners’

complaints. Hence, the petitioners filed the present writ petition.

3. On the other hand, the learned Standing Counsel appearing for the respondent Nos.2 to 4 would submit that the representations dated 19.05.2025, 23.05.2025, 11.08.2025, 02.03.2026, and 04.03.2026 will be considered, if not already considered, and appropriate action would be initiated, in accordance with law, and would submit to pass appropriate orders.

4. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri G.Madhusudhan Reddy, 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 petitioners is that though they brought to the notice of the respondent Nos.2 to 4, by way of representations dated 19.05.2025, 23.05.2025, 11.08.2025, 02.03.2026, and 04.03.2026, about the illegal/unauthorised construction at house bearing No.7-1-253, Upperguda, 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’).

S

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