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2026 Supreme(Online)(Tel) 17917

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD


THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR


WRIT PETITION No.15100 of 2026


DATE OF ORDER: 05.05.2026


Between:

Faisal Bin Hassan Bin Hajab

…Petitioner

AND

The State of Telangana, represented by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad and four (04) others.

…Respondents

ORDER:

Heard learned counsel for the petitioner and Sri G.Madhusudhan Reddy, learned Standing Counsel for GHMC 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.2 to 4 herein in not taking any action against the illegal and unauthorized construction being carried out by respondent No.5 without leaving proper setbacks over House bearing No.3-5-780/12 part, to an extent of 108.5 square meters, situated at King Koti, Hyderabad, as illegal, arbitrary and violative of principles of natural justice and consequently direct respondent Nos.2 to 4 to take immediate action against the illegal and unauthorized construction being carried out by respondent No.5 without leaving proper setbacks over House bearing No.3-5-780/12 part, to an extent of 108.5 square meters, situated at King Koti, Hyderabad, and pass such other order or 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 claims to be the absolute owner and possessor of residential house bearing H.No.3-5-780/13 situated at King Koti, Himayathnagar, Hyderabad and claims to be residing therein since long time. It is the case of the petitioner that respondent No.5, who is the immediate neighbour of the petitioner and owner of property bearing H.No.3-5-780/12 part, obtained building permit order and work commencement letter vide Permit No.0549/GHMC/IA/C16/2025 dated 17.05.2025 for construction of stilt parking and two upper floors to an extent of 108.5 square meters situated at King Koti, Hyderabad. It is the specific case of the petitioner that though respondent No.5 obtained permission for the said construction, he is carrying out construction activity illegally and unauthorizedly in deviation of the sanctioned plan and GHMC guidelines by digging cellar and by not leaving the mandatory setbacks prescribed under law. It is further stated that respondent No.5 failed to maintain the required three feet setback and also caused damage to the road adjoining the subject property. According to the petitioner, despite earlier complaints made before the GHMC authorities and assurances allegedly given by respondent No.5 that he would adhere to the sanctioned plan and applicable rules, respondent No.5 continued the construction activity without complying with the mandatory requirements. It is further stated that respondent No.5 has already constructed pillars and is proceeding with the construction activity without following due process of law and without maintaining the prescribed setbacks. The petitioner further claims that respondent No.5 had earlier illegally dug cellar over the subject property in respect of which the petitioner had filed W.P.No.28510 of 2025 before this Hon’ble Court. It is the further case of the petitioner that the petitioner submitted representation dated 27.04.2026 before respondent Nos.2 to 4 requesting them to take action against the alleged illegal and unauthorized construction activity undertaken by respondent No.5. However, according to the petitioner, though the respondent authorities received the said representation, no action has been initiated till date against respondent No.5 and the representation submitted by the petitioner is still pending for consideration. It is further stated that the inaction of respondent Nos.2 to 4 in not taking action against the alleged illegal and unauthorized construction activity of respondent No.5 is illegal, arbitrary and violative of principles of natural justice.

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 r

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