IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.15700 of 2026
DATE OF ORDER: 05.05.2026
Between:
M.Pentappa and (3) others
…Petitioners
AND
The State of Telangana,
rep by its Principal Secretary,
Municipal Administration and Urban Development Department,
Secretariat, Hyderabad and (5) others
…Respondents
ORDER:
Heard Sri N.Praveen Reddy, learned counsel for the petitioners, learned Government Pleader for MA&UD appearing for respondent No.1, learned Government Pleader for Revenue appearing for respondent Nos.2 and 4, Sri. Putta Krishna Reddy, learned standing counsel for GHMC appearing for respondent No.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 action of respondents more particularly the respondent No.3 herein in not taking any action to stop the illegal constructions made by the respondents No.5 and 6 in respect of agricultural land Sy No.289 Ac.15-02 Gts and Sy No.290 Ac.12-35 Gts situated at Maddur Village, Maddur Mandal, Narayanpet District and not demolishing the same as arbitrary and illegal and failing to exercise jurisdiction vested in them and consequently direct respondent No.3 herein to take action as per law and demolish the illegal constructions made by respondent No.5 in respect of agricultural land Sy No.289 Ac.15-02 Gts and Sy No.290 Ac 12-35 Gts situated at Maddur Village, Maddur Mandal, Narayanpet District and pass…”
3. Learned counsel for the petitioners submits that the petitioners are successors of late Chandraiah and are claiming 1/3rd share in the joint family agricultural lands bearing Survey Nos.287, 288, 289, 290, 294, 295 and 296 admeasuring in total Ac.55-04 guntas, situated at Maddur Village and Mandal, Narayanpet District. It is submitted that the petitioners filed O.S. No.7 of 2025 before the District Judge, Narayanpet, seeking partition and separate possession of the suit schedule properties. In the said suit, the petitioners also filed I.A. No.241 of 2025 seeking temporary injunction against alienation and change of nature of the property. Though an ad-interim injunction was initially granted, the same was not extended subsequently. Learned counsel further submits that taking advantage of the non-extension of the interim order, respondent Nos.5 and 6, who are arrayed as Defendant Nos.20 and 21 in the suit, commenced illegal construction activities by raising residential structures in agricultural lands bearing Survey No.289 admeasuring Ac.15-02 guntas and Survey No.290 admeasuring Ac.12-35 guntas, situated at Maddur Village and Mandal, Narayanpet District, without obtaining building permission from the competent authority and without conversion of the agricultural land for non-agricultural purposes as required under the Telangana Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006. It is further submitted that the petitioners submitted a representation dated 17.04.2026 to respondent Nos.2 to 4 requesting them to take immediate action against the unauthorized constructions. However, despite statutory obligations under Section 178(6) of the Telangana Municipalities Act, 2019, no action has been taken by respondent No.3 till date. Aggrieved thereby, the petitioners have filed the present writ petition.
4. The learned standing counsel for Municipalities appearing for respondent No.3 submits that if the petitioners’ representation dated 17.04.2026, is still pending for consideration, the respondent authorities would consider the same and take action in accordance with law.
5. 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 violat
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