IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.15517 of 2026 DATE OF ORDER: 05.05.2026 Between:

Vikas Agarwal …Petitioner AND The State of Telangana, rep by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and 5 others …Respondents

ORDER:

Heard learned counsel for the petitioner, 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 to 5. 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 action of the respondents No.2 to 5 in not taking action pursuant to the complaint dated 26.03.2026 as wholly illegal arbitrary and violative of Article 14 and 21 of Constitution of India and consequently direct the respondent Nos.2 to 5 to act upon the complaints by demolishing the illegal unauthorized construction and encroachment by the respondents No.6 in

H.No.4-2-950, Ramkoti, Nampally, Hyderabad and pass…”

3. Learned counsel for the petitioner submits that respondent No.6

claims to be the absolute owner of the house bearing Municipal

H.No.4-2-950, Ramkoti, Nampally, Hyderabad. It is further submitted

that the petitioner has submitted a complaint to respondent Nos.2 to

5 on 26.03.2026 regarding the construction of a building consisting of Ground+3 upper floors, being carried out by respondent No.6 without leaving the mandatory setbacks as per municipal norms and without obtaining any valid permission from respondent No.3. It is stated that respondent No.6 is undertaking illegal and unauthorized construction in the subject property and has also encroached upon the common passage by constructing an exclusive sump therein, which is situated between four neighbouring properties meant for common use. It is further alleged that respondent No.6, with mala fide intention and to avoid payment of property tax, has neither got the subject property assessed nor paid any property tax till date. Due to the said illegal and unauthorized construction, the petitioner is being adversely affected. Aggrieved by the aforesaid actions, the petitioner submitted a representation dated 26.03.2026 to respondent Nos.2 to 5 seeking stoppage of the illegal construction being carried out by respondent No.6. However, no action has been taken on the said representation till date. Hence, the present writ petition is filed.

4. The case of the petitioner is that on 26.03.2026, the petitioner submitted a complaint to respondent Nos.2 to 5, requesting them to take necessary action against the illegal and unauthorized construction undertaken by respondent No.6 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 5 submits that if the petitioner’s complaint dated 26.03.2026, 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