ORDER:

Heard Sri Chappidi Rama Krishna, learned counsel for the petitioners, learned Government Pleader for MA&UD appearing for respondent No.1 and Sri. G.Madhusudhan Reddy, learned standing counsel for GHMC appearing for respondent Nos.2 to 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 prayer:-

“to issue an appropriate writ order or directions more particularly one in the nature of Writ of Mandamus declaring the inaction of respondents on the complaints made by the petitioners dated 04.03.2026 and is illegal, arbitrary, violation of fundamental rights guaranteed under the Constitution of India and as well as dereliction of duties conferred by the State under Article 12 of the Constitution of India and as well as Telangana Municipalities Act and rules made there under and consequently direct the respondents to remove illegal encroachment on the public path and illegal construction vide House bearing No.7-1-209, Bendimet, Maruthi Veedhi, Secunderabad and pass…”

3. Learned counsel for the petitioners submits that the petitioners are residents of the locality situated at Maruthi Veedhi, Bandimet, Secunderabad, Hyderabad. It is submitted that respondent No.5, in respect of House Bearing No.7-1-209, Upperguda, Bandimet, Secunderabad, Hyderabad, has illegally encroached upon the public pathway and constructed a Ground + 4 floor building without obtaining permission from the competent authorities. It is further submitted that the petitioners, being senior citizens, are facing severe hardship due to the illegal occupation of the public pathway by respondent No.5 as the said pathway is the only access connecting the petitioners’ residence to the main street. The closure and encroachment of the public pathway, coupled with the unauthorized construction raised by respondent No.5, are causing great inconvenience not only to the petitioners but also to the general public. Learned counsel further submits that respondent No.5 is not paying proper property tax in accordance with law. The petitioners further submit that, due to the illegal construction raised by respondent No.5, they are deprived of adequate light, fresh air, and ventilation. The unauthorized construction has also adversely affected the existing drainage system in the locality, which was established decades ago and is not capable of supporting such illegal multi-storied construction.

4. The case of the petitioners is that on 04.03.2026, the petitioners submitted a complaint to respondent Nos.2 to 4, requesting them to take necessary action against the illegal and unauthorized construction undertaken by respondent No.5 on the subject property. However, the said complaint is still pending consideration. Aggrieved by the inaction of the respondents, the petitioner has filed the present writ petition.

5. The learned standing counsel for GHMC appearing for respondent Nos.2 to 4 submits that if the petitioner’s complaint dated 04.03.2026, 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 such cases shall be examined within a week from such information and appropriate action initiated. The information shall be incentivized in all