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2026 Supreme(Online)(Tel) 14822

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
P Vijay Kumar – Appellant
Versus
The State of Telangana – Respondent
WP 13313/2026



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Date: 27.04.2026 Between:

P.Vijay Kumar … Petitioner And The State of Telangana, Represented by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad and Six others.

… Respondents

ORDER

Questioning the action of the respondents No.1 to 4 in not taking any action against the respondents No.5 to 7 on the complaint dated 09.03.2026 and 30.03.2026 lodged by the petitioner, petitioner filed the present writ petition with a consequential prayer to direct the respondents No.1 to 4 to initiate action against the respondents No.5 to 7 by removing the illegal construction or carrying on premises in Sy.No.1-A, admeasuring Ac 39 guntas, 4752 square yards or 3947 meters, situated at Kawkoor village, Alwal Mandal, under GHMC Alwal Circle, Malkajgiri Mandal, Ranga Reddy district now comes under Medchal-Malkajgiri District, (subject property).

2. Learned counsel for the petitioner would submit that the petitioner and his family members are the absolute owners and possessors of the subject property. The respondents No.5 to 7 are the alleged purchasers and claiming the petitioner’s property in Sy.No.1-A, situated at Kawkoor village, Alwal Mandal, Medchal- Malkajgiri district and there is a title dispute between the petitioner and the respondent No.5, who filed O.S. No.47 of 2021 on the file of the I Additional Junior Civil Judge, Medchal-Malkajgiri district for perpetual injunction. It is further submitted that the respondents No.5 to 7, by encroaching the land of the petitioner in Sy.No.1-A, have illegally started making construction without obtaining building permission and leaving prescribed setbacks. In this regard, petitioner made a complaint before the respondents No.2 to 4 on 03.03.2026 and 30.03.2026 but till date no action has been initiated thereon.

Hence, petitioner filed the present writ petition.

3. The learned Standing Counsel Sri Madhusudhan Reddy for GHMC appearing for the respondents No.2 to 4 submits that the respondent authorities will consider the representations, stated to have been made by the petitioner, if not already considered, and appropriate action would be initiated, in accordance with law, and prayed to pass appropriate orders.

4. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents and perused the material made available on the record.

5. The main grievance of the petitioner is that though he brought to the notice of the official respondents No.2 to 4, by way of representations dated 09.03.2026 and 30.03.2026, about the illegal/unauthorised construction at the subject property, the official respondents No.2 to 4 have failed to initiate any action against the illegal construction made by the unofficial respondents No.5 to 7.

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 su

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