State authorities and municipal bodies are statutorily obligated to act against unauthorized construction in accordance with planning laws and site-specific building regulations. Courts must refrain from regularizing illegal constructions, as doing so undermines the rule of law and encourages urban planning violations.

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1 and Sri.Midde Arun Kumar, learned standing counsel for GHMC appearing for respondent Nos.2 to 4, learned Assistant Government Pleader for Home, appearing for respondent No.5. 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 a Writ of Mandamus or any other appropriate writ, direction or order, Declaring the continued inaction and failure of the Respondent No.2 to 5 to act on the complaints of the Petitioner and not stopping the illegal and unauthorised construction on the property bearing H.No.13-2-443 and 443/1, Dhoolpet, Hyderabad despite of issuance of a Show Cause Notice vide Notice No. 443/2/13/TPS/C-14/KBZ/GHMC/2025 dated 16.12.2025 under Section 452 (1)/461(1) of the GHMC Act, 1955, as illegal arbitrary unlawful and non performance of statutory duty in violation of Articles 14 and 21 of the Constitution of India and consequently calling upon the Respondents No.2 to 4 to immediately stop the illegal construction presently being undertaken by Respondent No.6 and his sons on the property bearing H.No.13-2-443 and 443/1, Dhoolpet, Hyderabad and to demolish or remove the unauthorized structure and any portion encroaching upon the petitioners property, in accordance with the provisions of the GHMC Act, 1955 and the applicable building rules and regulations and direct the Respondents 2 to 4 to demarcate the original boundaries of the petitioners property and to ensure that no encroachment or obstruction is allowed in the future and to Call upon the Respondent No 5 to take necessary preventive and protective measures to ensure the safety of the petitioner and his family, and to restrain the Respondent No.6 and his sons from any act of intimidation harassment or unlawful interference and pass….”

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of property bearing H.No.13-2-445 and 446, situated at Dhoolpet, near Mahankali Temple, Hyderabad. It is further submitted that the petitioner’s neighbor, i.e., respondent No. 6, has commenced construction without obtaining any valid permission from the GHMC authorities, in violation of the provisions of the GHMC Act, 1955. It is further submitted that the said construction has been undertaken without leaving the prescribed front, rear, and side setbacks as mandated under the GHMC building rules and town planning regulations.

4. Learned counsel for the petitioner further submits that respondent No.6 has encroached upon and occupied a portion of land that exclusively belongs to the petitioner and forms part of the petitioner’s premises. The petitioner filed a written complaint to respondent No.2 on 15.12.2025. Pursuant thereto, the Commissioner issued a show cause notice under Sections 452 (1) and 461(1) of the GHMC Act, 1955, to respondent No.6 vide proceedings No.443/2/13/TPS/C-14/KBZ/GHMC/2025, dated 16.12.2025. However, no further action was initiated. It is further submitted that despite such default, the GHMC authorities have failed to take any action for the demolition or removal of the illegal structure. Aggrieved by the same, the petitioner has filed the present writ petition.

5. Learned Standing Counsel for respondent Nos.2 to 4 submitted that, since the show cause notice is already issued, the respondents would take appropriate action in accordance with law.

6. Per contra, learned counsel for the petit