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2026 Supreme(Online)(Tel) 17453

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD


THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR


WRIT PETITION No.15067 of 2026


DATE OF ORDER: 05.05.2026


Between:

Dr.G.Padmavathy W/o.A.V.Prasad

…Petitioner

AND

The State of Telangana, represented by its Principal Secretary, Municipal Administration & Urban Development, Secretariat, Hyderabad and three (03) others.

…Respondents

ORDER:

Heard learned counsel for the petitioner and Sri G.Madhusudan Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

“to Issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, directing Respondents 1 to 3 to forthwith inspect the property of the 4th Respondent, issue necessary stop-work notice, take action under the relevant provisions of the GHMC Act, 1955 and Building Rules for removal/demolition of the illegal portions (including toilets, doors, ventilators and setback violations), and ensure that no openings face directly into the Petitioner’s premises, and direct Respondents 1 to 3 to provide adequate protection to the Petitioner from further threats, harassment and nuisance by the 4th Respondent, keeping in view her status as a senior citizen and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice...”

3. The case of the petitioner, in brief, is that the petitioner claims to be absolute owner and possessor of residential property bearing Plot No.50 in Survey No.41 Part, situated at Miyapur Village, Serilingampally Mandal, Hyderabad, having purchased the same under a registered Sale Deed dated 20.04.2010. The petitioner constructed a residential building after obtaining building permission and occupancy certificate from GHMC. It is the case of the petitioner that respondent No.4, owner of the adjoining property, has undertaken unauthorized constructions and modifications in violation to the sanctioned plan, Building Rules and provisions of the GHMC Act, 1955. It is stated that respondent No.4 converted the premises into a residential college, hostel without obtaining permission for change of use and constructed toilets, doors and ventilators abutting the common boundary wall, directly facing the petitioner’s premises, thereby causing obstruction to ventilation and natural light and invasion of privacy and nuisance. The petitioner submitted a complaint dated 20.04.2026 to respondent No.3 requesting action against the illegal constructions. However, respondent Nos.2 and 3 failed to take any action despite being statutory authorities under the GHMC Act. Aggrieved by the inaction of respondent Nos.2 and 3 in not preventing the unauthorized constructions, the petitioner filed the present writ petition seeking appropriate relief.

4. Though several grounds are raised in the writ petition, learned counsel for the petitioner confines his submissions to the limited extent of seeking a direction to respondent Nos.2 and 3 to consider the complaint dated 20.04.2026 submitted by the petitioner and take appropriate action in accordance with law against the illegal and unauthorized constructions and deviations undertaken by respondent No.4.

5. Learned Standing Counsel for respondent Nos.2 and 3 submits that to the extent of the consideration of complaints made by the petitioner, the respondent authorities would consider the same and pass appropriate orders in accordance with law.

6. 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-BPASS 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 such informers shall be kept confidential. All such cases shall be examined within a week from such information and appropriate action initiated

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