2026 Supreme(Online)(Tel) 17913
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.15082 of 2026
DATE OF ORDER: 05.05.2026
Between:
Gudikada Nirmala, W/o. Late Gudikada Nandam Chary
…Petitioner
AND
The State of Telangana, represented by its Principal Secretary, Municipal Administration & Urban Development, Secretariat Buildings, Hyderabad and four (04) others.
…Respondents
ORDER:
Heard learned counsel for the petitioner and Sri G.Madhusudan Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4. 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 a writ, order or direction , preferably a Writ of Mandamus, declaring the inaction of the respondent authorities, more particularly respondent Nos.3 & 4, in not considering and disposing of my representation dated 24.04.2025 submitted to respondent Nos.3 & 4, as illegal, arbitrary and violative of the principles of natural justice, and consequentially direct respondent Nos.3 & 4 to consider and dispose of my representation dated 24.04.2025 and take necessary action against the illegal construction being carried out by respondent No.5 at H.No.43-127, Hanuman Nagar, Moula-ali, Medchal-Malkajgiri District, Telangana, without maintaining mandatory setbacks, and without taking any safety precautions, as per the procedure laid down by law, and pass such other or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case...”
3. The case of the petitioner, in brief, is that the petitioner is a permanent resident of Hanuman Nagar, Moula-ali, Medchal-Malkajiri District and is residing in house bearing H.No.43-133 for nearly forty years. It is the case of the petitioner that respondent No.5, owner of the adjoining property bearing H.No.43-127 situated immediately to the south of the petitioner’s residence, without obtaining any valid building permission or sanctioned plan from the competent authorities, demolished the existing structure and commenced large-scale construction by raising a multi-storied building. It is the specific case of the petitioner that respondent No.5 is carrying on the construction activity in gross violation of the Building Rules and Municipal Laws without maintaining the mandatory setbacks and open spaces. It is further submitted that the second-floor slab constructed by respondent No.5 has been extended onto the petitioner’s terrace, thereby causing encroachment upon the petitioner’s property rights. It is stated that the said construction activity is being carried out without providing any safety measures such as scaffolding, netting, dust-containment protection or other precautionary measures, resulting in continuous fall of debris, bricks, mortar and dust onto the petitioner’s property and causing health hazards, inconvenience and damage to the petitioner’s residence. It is further stated that the debris from the construction activity damaged the water supply pipelines connected to the petitioner’s house and despite intervention by the police authorities, respondent No.5 continued the construction activity. On noticing the unauthorized construction activity, the petitioner submitted a detailed representation dated 24.04.2025 to respondent Nos.3 and 4 requesting them to conduct inspection and take immediate action against the illegal construction being undertaken by respondent No.5. According to the petitioner, despite receipt of the said representation, respondent Nos.3 and 4 failed to initiate any action and remained silent spectators to the ongoing unauthorized construction activity. It is further stated that respondent Nos.3 and 4, being statutory authorities under the municipal laws, are duty bound to prevent unauthorized constructions and take action in accordance with law.
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.3 and 4, to consider the complaint made by the petitioner dated 24.04.2025 and to take appropriate action in accordance with law against the illegal and unauthorized construction being undertaken by respondent No.5.
5. Learned standing counsel for GHMC submits that to the extent of the consideration