Constitutional courts should refrain from exercising equitable jurisdiction to regularize illegal or unauthorized constructions, as such leniency undermines municipal planning laws and fosters impunity, requiring authorities to proceed strictly in accordance with statutory due process.

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1 and 2; and Sri. P. Krishna Reddy, learned standing counsel for Municipality, appearing for respondent No.3. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the following relief:-

“…to issue a writ or direction more particularly one in the nature of writ of Mandamus, declaring the impugned Notice No.G1/Enc/1/2026, dated 25.03.2026 issued by the 3rd respondent as illegal, arbitrary, violative of the principles of natural justice, and violative of Articles 14 and 21 of the Constitution of India; consequently Set aside the said impugned Notice No.G1/Enc/1/2026, dated 25.03.2026 by direct the respondents not to take any coercive steps, including demolition or removal of the ramp, without following due process of law, pass any other order or orders…”

3. The brief facts of the case, as stated, are that petitioner had purchased house bearing No.76-266, situated at 3rd Zone, Mandamarri Village and Mandal, Mancherial District, Telangana State, in the year 1999 and since then he has been running a small kirnana (Grocery) store in front of the said house which is located on the main road.

4. It is submitted that a drainage exists in front of the petitioner’s shop/house. The petitioner for the convenience of his family and shop customers had constructed a small ramp over the said drainage as a bridge, and the said ramp does not obstruct the free flow of drainage water, as the drain remains open underneath. The petitioner further submits that necessary arrangements for cleaning and maintaining the said drain beneath the ramp were regularly taken up for the last 29 years without causing obstruction or inconvenience to the public or any objections from the Municipality.

5. The respondent No.3 issued impugned notice to the petitioner and three others on 25.03.2026 under Section 185 of the Telangana State Municipalities Act, 2019 , stating that the petitioner has encroached the drain portion by duly erecting/constructing compound wall/shed /slab/projection/ramp etc. in Ward No.07, III Zone, Mandamarri Municipality, which is obstructing the free flow of drainage water and thereby causing inconvenience to the General Public and the petitioner was directed to remove the said encroachment within 07 days failing which such encroachment will be removed by the authority at the petitioner’s costs. Challenging the said notice, the petitioner had filed the present writ petition.

6. Learned counsel for the petitioner submits that the impugned notice is silent on various aspects and that there are no encroachments on the said land and no un-authorized construction had been made obstructing free flow of drain water and there is no provision under Telangana Municipalities Act, 2019 which requires a specific permission for construction of ramp. The petitioner has approached the respondent No.3 and requested for proper enquiry and is willing to apply for necessary permission or regularization of the said ramp in terms of the impugned notice.

7. Heard. Perused the record.

8. In the in the instant case, respondent No.3 had already issued notice dated 25.03.2026, under Section 185 of the Telangana State Municipalities Act, 2019 . The petitioner is willing to apply necessary permission for regularization of the ramp. The relevant Para No.12 of his affidavit is extracted here under for reference:

“It submit that I am ready and willing to apply for an