ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1, Sri Pasham Mohith, learned Standing Counsel for Municipality appearing for respondent Nos.2 to 5. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

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

“…to issue a writ, order or direction, ore particularly one in the nature of a writ of mandamus, declaring the inaction of the respondents in considering and taking action on the representation dated 01.04.2026, 06.04.2026 submitted by the petitioner regarding unauthorized and illegal construction of a lift by respondent No.6 which is effecting the property of the petitioner as being illegal, arbitrary, unreasonable and in violation of Telangana Municipalities Act, 2019, TG-bPass Act, 2020 apart from being violation of Article 14, 21, 300-A of the Constitution of India and consequently direct the respondent to consider and take action on the representation dated 01.04.2026, 06.04.2026 submitted by the petitioner regarding unauthorized and illegal construction of a lift by respondent No.6 and for such other order or orders…”

Brief facts of the case as stated are that the petitioner claims to be the absolute owner and possessor of property bearing H.No.16-5- 137/1, situated at Perukuwada, Railway Gate, Warangal City and District (Urban). The petitioner made representations to respondent No.2/the Municipal Commissioner, Warangal Municipal Corporation, Warangal, on 01.04.2026 and 06.04.2026 and submitted that respondent No.6 had constructed a G+3 penthouse building in the year 2012 in Building No.16-5-136 without obtaining permission from the Municipal Office and started constructing an unauthorized lift adjacent to the petitioner’s compound wall, under the assumption that it is part of his land and that the said lift construction is being carried out in complete violation of municipal building regulations thereby posing a serious risk of noise pollution and vibration and causing cracks in the walls of the petitioner’s house. It is further submitted that the lift motor and electrical connection have been installed without any permission from the Municipal Office, and the said unauthorized construction is creating a nuisance for the petitioner’s house. Hence, petitioner requested immediate action to stop the construction of the said lift and accordingly, representations were submitted, but no action was initiated. Aggrieved thereby, the petitioner has filed the present writ petition.

Learned Standing Counsel appearing on behalf of respondent Nos.2 to 5 submitted that subsequent to the complaint given by the petitioner, inspection was conducted at the spot and was observed that the said lift is already installed/constructed without any authorization and the respondent No.6 was directed not to proceed with further construction and noting all the constructions made, it was further observed that the petitioner has no construction permission.

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.

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