IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.11000 of 2026 DATE OF ORDER: 10.04.2026 Between:

Dr. Gopal Sai Prasad.

…Petitioner AND The State of Telangana, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, Rep. by its Principal Secretary and three others.

…Respondents

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1, Sri V. Satyam Reddy, learned standing counsel for Municipality appearing for respondent No.2. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

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

“…to issue a writ of mandamus declaring the action of respondent

No.2 in not proceeding further pursuant to Show Cause Notice

No.G1/TMS/10462/2025, dated 22.04.2025 and not issuing final

demolition order thereby remove/demolish the unauthorized

deviations and illegal cellar construction made by respondent Nos.3 an 4 in premises bearing Part H.No.5-6-178 and 5-6-179, Khalilwadi, Saraswathi Nagar, Nizamabad as illegal and arbitrary and direct respondent No.2 to forthwith pass final demolition order and remove/demolish the unauthorized deviations and illegal cellar construction and complete demolition action within a time frame fixed by this Court and pass such other order….”

3. Brief facts of the case are that the petitioner is the owner and resident of premises adjacent to the illegal construction undertaken by the respondent Nos.3 and 4 in premises bearing part Municipal Nos.5-6-510/A/1, situated at Khalilwadi, Saraswathi Nagar, Nizamabad. Earlier, the petitioner earlier submitted representations dated 31.12.2024 and 16.01.2025 before respondent No.2 regarding the illegal construction being undertaken by respondent Nos.3 and 4 without leaving mandatory setbacks and in deviation of sanctioned plan. Since no action was taken, the petitioner has approached this Court by way of filing W.P.No.6098 of 2025 and this Court vide order dated 28.02.2025 disposed of the said writ petitioner, the relevant portion of which reads as follows:

“4. In the light of the said submission, notice to respondent Nos.3 and 4 is dispensed with. This Writ Petition is disposed of, directing respondent No.2 to consider the representations dated 31.12.2024 and 16.01.2025 and inspect the site, if the allegations made by the petitioner found to be correct, he will take action against respondent Nos.3 and 4, strictly in accordance with the procedure laid down under the Telangana Municipalities Act, 2019 by putting the petitioner and respondent Nos.3 and 4 on notice and affording them an opportunity of hearing. Respondent No.2 shall complete the said exercise within four (4) weeks from the date of receipt of a copy of this order…”

4. Subsequently a Show Cause Notice dated 22.04.2025 was issued on the directions of this Court in W.P.No.6098 of 2025 and thereafter no further action was initiated by the respondent Nos.3 and 4. Questioning the same, the present writ petition is filed.

5. The learned standing counsel for Municipality appearing for respondent No.2 submits that since a notice has already been issued to respondent Nos.3 and 4, the official respondents would take further course of action, and further notice to respondent Nos.3 and 4 may be dispensed.

6. Since this Court, time and again, directed the Municipal Authorities to initiate action against the illegal constructions by following due process of law. However, 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 here that Section 7(6) of