ORDER:

Heard learned counsel for the petitioners, 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 and 3. 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 an appropriate writ order or directions more particularly one in the nature of Writ of Mandamus declaring the acts of the respondents more particularly the acts of the respondent No.3 in not taking any action on the representation of the petitioners No.1 dated 17.04.2026 and not initiating any action on the illegal constructions being made by the respondent No.4 on premises bearing H.No.9-8-403 situated at Bada Bazar, Opp Mirza Palace function Hall, Golconda, Hyderabad as being illegal, arbitrary and unconstitutional and consequently direct the respondent No.3 to take immediate action as per law against the illegal constructions being made by the respondent No.4 on the premises bearing H.No.9-8-403 situated at Bada Bazar, Opp Mirza Palace function Hall, Golconda Hyderabad and pass…”

3. Brief facts of the case as stated are that the petitioner No.1 claims to be the absolute owner of an ancestral residential house bearing Municipal H.No.9-8-404/1, situated opposite Mirza Palace, Golconda, Hyderabad. It is submitted that respondent No.4, who is the immediate neighbour of the petitioners, has commenced construction of a Ground + 3 floors building on his premises bearing H.No.9-8-403, situated at Bada Bazar, opposite Mirza Palace Function Hall, Golconda, Hyderabad. It is further submitted that respondent No.4 has illegally encroached upon approximately 4 feet of the common passage between the petitioner’s house and that of respondent No.4. It is submitted that the respondent No.4 is proceeding with the construction of the upper floors by laying slabs, thereby blocking ventilation to the petitioner’s house. The petitioners requested respondent No.4 to leave sufficient space for ventilation, however, instead of complying, respondent No.4 allegedly threatened the petitioners with dire consequences and continued the illegal construction. Aggrieved by the said action, the petitioner No.1 made a representation dated 17.04.2025 to respondent No.3–the Deputy Commissioner, Circle-32, Golconda Zone, Hyderabad, seeking to stop the illegal construction being carried out by respondent No.4. However, no action has been taken on the said representation till date. Hence, the present writ petition is filed.

4. The case of the petitioners is that on 17.04.2026, the petitioner No.1 submitted a representation to respondent No.3, requesting them to take necessary action against the illegal and unauthorized construction undertaken by respondent No.4 on the subject property. However, the said representation is still pending consideration. Aggrieved by the inaction of the respondents, the petitioners has filed the present writ petition.

5. The learned standing counsel for GHMC appearing for respondent Nos.2 to 3 submits that if the petitioner’s representation dated 17.04.2026, is still pending for consideration, the respondent authorities would consider the same and take action 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 suc