Unauthorized constructions made in deviation of sanctioned plans, especially after valid cut-off dates, cannot be regularized, and courts should decline to exercise equitable jurisdiction to protect such illegal structures to uphold town planning laws and urban order.

:: ORDER ::

This writ petition is filed seeking the following prayer:-

“…to issue an appropriate writ, order or direction, more in the nature

of Mandamus, declaring the inaction of the 4th respondent in not

considering the representation dated 23.02.2026 of the petitioners and

not granting permission for conversion of the ground floor for

commercial purposes and further not regularizing the second floor and

pent house on the premises i.e. the house H.No.13-11-17, Plot No.10, P

and T Colony, Gaddiannaram, Survey Nos. 222, 223, 253, 254, 256

and 257 Parts, Saroornagar Mandal, Ranga Reddy District belonging

to the petitioners as illegal, arbitrary and contrary to Articles 14, 21

and 300-A of the Constitution of India and consequently to direct the

respondent Nos.2 to 4 to consider the representation dated 23.02.2026

of the petitioners and grant permission for conversion, of the ground

floor for commercial purposes and further regularize the second floor

and pent house on the premises i.e. the house H.No.13-11-17, Plot

No.10, P and T Colony, Gaddiannaram, Survey Nos. 222, 223, 253,

254, 256 and 257 Parts, Saroornagar Mandal, Ranga Reddy District,

belonging to the petitioners, in the interest of justice.”

2. Heard Sri Sannidhiraja Malleswara Rao, learned counsel for the petitioner and Sri Srinivasa Rao Pachwa, learned Standing Counsel for GHMC appearing for respondent Nos.2 to 6. With their consent, this writ petition is being taken up for disposal at the admission stage.

3. The brief facts of the case as stated are that, the petitioners claims to be the absolute and joint owners and possessors of the house bearing No.13-11-17, Plot No.10, P & T Colony, in Survey Nos.222, 223, 253, 254, 256 and 257 Parts, Saroornagar Mandal, Ranga Reddy District (hereinafter referred as “subject property”). The petitioners have obtained building permission for construction of ground floor plus one upper floor vide TG-bPASS – Building Permit Order dated 19.08.2024 granted by respondent No.4. Accordingly, the construction was carried out as per the Commencement Letter dated 14.11.2024. The petitioners have also constructed a second floor and pent house unauthorizedly due to ignorance of law. The petitioners submits that they are eligible for regularization of unauthorized construction as per the provisions under Section 455-AA of the GHMC, Act. The petitioners submits that they are senior citizens and have invested their hard earned money for construction of the house and as they do not have any other source of income, would like to lease out the ground floor for commercial property. As such, the ground floor needs to be converted into commercial purposes by the respondent authorities. It is further submitted that the subject property is situated at a commercial zone and the said ground floor is safe and fit for commercial use.

4. The petitioners made a representation on 23.02.2026 to respondent No.4 requesting to grant permission for conversion of the ground floor for commercial purpose and further regularize the second floor and pent house on the premises. Since the petitioners’ representation is pending. Questioning the pending consideration, the present writ petition is filed.

5. Learned counsel for the petitioners would submit that earlier, the petitioner No.1 had filed W.P.No.35161 of 2024 questioning the action of respondent No.3/the Deputy Commissioner, GHMC, Circle-5, Saroornagar, Rangareddy District, in interfering with the petitioner’s peaceful and authorized construction by issuing the Impugned Show Cause N