Municipal authorities have a statutory duty to examine and act upon complaints regarding unauthorized constructions; courts remain obligated to uphold rule of law by strictly enforcing building regulations without showing misplaced sympathy to violators.

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1, 2 and 5 and Sri M.Arun Kumar, learned standing counsel for GHMC appearing for respondent Nos.3 and 4. 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 relief:-

“to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Nos.2 to 6 in non-considering the representations of the petitioner dated 22.08.2025 and 04.08.2025 and non-initiating to take the necessary action against the illegal construction of the respondent Nos.7 and 8 who obtained the permission up to G+2 Floors and constructed G+5 Floors in the premises of House bearing No.4-1-2/A/1/1, Opp. Eden Gardens, King Koti, Ram Koti, Hyderabad is illegal, arbitrary, unconstitutional and violation of Articles violation of Principles of Natural Justice and consequently direct the respondent Nos.2 to 6 to consider the representation of the petitioner dated 22.08.2025 and 04.08.2025 and to take necessary action against the illegal construction of respondent Nos.7 and 8 who are obtained construction permission for G+ 2 Upper Floors and constructed G + 5 Upper Floors in the House premises bearing No.4-1-2/A/1/1, Opp.Eden Gardens, King Koti, Ram Koti, Hyderabad….”

3. The petitioner claims to be the owner and possessor of Flat No.201 in premises bearing Municipal No.4-1-2/A/1/1, situated at King Koti, Hyderabad, having purchased the same under a registered Sale Deed dated 14.02.2020. Respondent No.7, being the landowner, entered into a Development Agreement with respondent No.8, pursuant to which permission was obtained for construction of a building comprising Ground + 2 upper floors. The respondent Nos.7 and 8, in deviation to the sanctioned plan, raised construction up to Ground + 4 upper floors along with an additional penthouse on the 5th floor and sold portions thereof to third parties. The petitioner submits that he purchased the subject flat on the representation that the construction would be limited to Ground + 2 upper floors. It is further submitted that the unauthorized additional construction has resulted in inconvenience to the flat owners, including lack of adequate parking and incomplete works in the petitioner’s flat. Aggrieved thereby, the petitioner made representations dated 04.08.2025 and 22.08.2025 to respondent authorities seeking action against the alleged illegal construction, but no steps have been taken. The petitioner has also instituted O.S. No.1333 of 2025 before the learned Principal Senior Civil Judge, Hyderabad, seeking mandatory injunction, which is pending.

4. The case of the petitioner is that the petitioner on 22.08.2025 and 04.08.2025 made a representations and requested the respondent Nos.2, 3 and 6 to take necessary action against the illegal and unauthorized construction made by the respondent Nos.7 and 8 on the subject property and the same is still pending for consideration. Aggrieved by the pending consideration, the present writ petition is filed.

5. The learned standing counsel for GHMC appearing for respondent Nos.3 and 4 submits that if the petitioner’s representations dated 22.08.2025 and 04.08.2025, are still pending for consideration, the respondent authorities would consider the same and take 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 Perm