ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1, Sri.P.Krishna 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 being filed seeking the following prayer:-

“to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No. 2 authority in not taking any action against the illegal construction which is made and being made by the respondent No. 3 in premises No. 15-7, situated at Vishwa Brahmana Street, Ravula Cheruvu Katta, Manthani Proper and Mandal, Peddapaili District, without taking any permission from the respondent No. 2 authority., considering the representation of the petitioner dated 06/04/2026, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India. Consequently direct the respondent No. 2 authority to take necessary action against the illegal construction which is made and being made by the respondent No. 3 in premises H. No. 15-7, situated at Vishwa Brahmana Street, Ravula Cheruvu Katta, Manthani Proper and Mandal, Peddapalli District Peddapalli District.”

3. Brief facts of the case as stated are that the petitioner’s father and his brothers claims to be joint owners and possessors of the house property bearing H.No.15-7 situated at Vishwa Brahma Street, Ravula Cheruvu Katta, Manthani Proper and Mandal, Peddapallui District admeasuring 378.00 Sq.Yds and they are having equal shares i.e., 1/3 rd share in the said property. It is submitted that respondent No.3 in collusion with her husband started illegal construction in the entire house by dismantling the old house. Petitioner filed a suit in O.S.No.31 of 2026 for partition and separate possession before the Principal Junior Civil Judge at Manthani and the same is pending. Petitioner submitted a representation dated 06.04.2026 to the respondent No.2 to take necessary action against the illegal construction made by the respondent No.3 and no action has been taken by the respondent No.2 authority. Questioning the same, the present Writ Petition has been filed.

4. The learned standing counsel for Municipality appearing for respondent No.2 submits that if the petitioner’s representation dated 06.04.2026, is still pending for consideration, the respondent authorities would consider the same and take action in accordance with law.

5. 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.

6. 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’) and Section 174(5) of the Telangana Municipalities Act, 2019 encourages citizens to put on notice to the Civic Authorities regarding unauthorized constructions. Section 7(6) of the TS-bPASS 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