State authorities under the Municipal Corporation Act have a statutory mandate to inspect and take action against unauthorized or illegal constructions following a fair hearing process, and courts will direct timely disposal of such representations without deciding merits.

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1 and Sri.Raparthi Venkatesh, learned standing counsel for GHMC appearing for respondent Nos.2 and 3. 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 appropriate writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction on the part of the respondent authorities in taking action against the illegal construction made by the respondent No.4 in H.No.17-8-533/194, to an extent of 113 sq.yards, Situated at Bagh-e Jahan Ara, Yakutpura, Hyderabad, without any valid permission and without leaving any setback as per rules and regulation of the GHMC Norms, inspite of repeated visits and written representations dated 16.03.2026, as being illegal, arbitrary and unjust and consequently direct the respondent authorities to forthwith demolish the illegal construction made by respondent No.4 and to grant……”

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the premises bearing House No. 17-3-185/3, situated at Inam Bada, Yakutpura, Hyderabad, having acquired the same through his predecessor-in-title. It is further submitted that respondent No.4 has constructed a building in premises bearing House No.17-8-533/194, without leaving the mandatory setback from the petitioner’s property, in clear violation of the applicable as per rules and regulations under the GHMC norms. It is further submitted that respondent No.4 has commenced and is continuing the construction without obtaining the permission from the municipal authorities and with malafide intention. In these circumstances, the petitioner submitted a written complaint dated 16.03.2026 before the respondent authorities regarding the illegal and unauthorized construction undertaken by respondent No. 4.

4. The case of the petitioner is that, on 16.03.2026, the petitioner made a representation requesting respondent Nos.2 and 3 to take necessary action against the illegal and unauthorized construction made by respondent No.4 on the subject property, however, the same is still pending consideration. Aggrieved by such inaction, the petitioner has filed the present writ petition.

5. Learned Standing Counsel for GHMC appearing for respondent Nos.2 and 3 submits that, if the petitioner’s representation dated 16.03.2026 is still pending, the respondent authorities shall consider the same and take appropriate action in accordance with law.

6. In the case on hand, it is pertinent to refer to Section 7(6) of the Telangana State Building Permission Approval and Self Certification System (TS-BPASS) Act, 2020 (for short ‘the TS-BPASS Act’), the same are extracted hereunder:-

“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.”

7. 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’).

Section 4