IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11887 of 2009 Between: 1 Bhalib Bin Abood S/o. Abood Bin Aslam R/o. H.No. 23-3-118, Sultan Shahi, Hyderabad. 2 Aslam Bin Abood S/o. Abood Bin Aslam R/o. H.No. 23-3-643/1 Sultan Shahi, Hyderabad. 3 Obaid Bin Abood S/o. Abood Bin Aslam R/o. H.No. 23-3-643/1 Sultan Shahi, Hyderabad. 4 Ali Bin Abood S/o. Abood Bin Aslam R/o. H.No. 23-3-643/1 Sultan Shahi, Hyderabad. 5 Khalid Bind Abood S/o. Abood Bin Aslam R/o. H.No. 23-3-643/1 Sultan Shahi, Hyderabad. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner and Special Officer, Tank Bund Road,. Hyderabad 2 The District Collector, Hyderabad District, Having its Office at Chirag Ali Lane, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in not receiving the application proposed plan and permit fee from the petitioners and insisting for getting No Objection Certificate from the 2nd respondent District Collector for issuance of building permission in respect of the property bearing Municipal No. 19-2-226, admeasuring 875 sq. yards equivalent to 731.61 sq. meters situated Opposite to Zoological Park, Mir Alam Tank Road, Bahadurpura, Hyderabad as illegal, arbitrary and violative of principles of natural justice and against the bye laws of Municipal Corporation of Hyderabad Act 1955 and consequently direct the 1st respondent immediately to receive the application for issuance of building permission along with copies of proposed plan and permit fee from the petitioner without insisting for No Objection Certificate from the 2nd respondent District Collector in respect of the property bearing Municipal No. 19-2-226 admeasuring 875 sq. yards equivalent to 731.61 sq. meters situated Opposite to Zoological Park, Mir Alam Tank Road, Bahadurpura, Hyderabad and to pass Counsel for the Petitioner: MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondents: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : Form-NIC-OGS/WP{VSMI} THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11887 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the 1st respondent-Commissioner, Greater Hyderabad Municipal Corporation in insisting on production of “No Objection Certificate” from the 2nd respondent-District Collector for receiving and considering the petitioner’s application for grant of permission to make construction in Municipal House bearing No.19-2-226, Mir Alam Tank Road, Bahadurpura, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as Sri R.Ramachandra Reddy, learned Standing Counsel for the respondent-Corporation. The question raised in this writ petition is no longer res integra. This Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District and another[1] and District Collector v. N.Krishna Mohan[2], having considered an identical question, held that the authority cannot refuse to receive the building permission application on the ground of not furnishing “No Objection Certificate” from the Revenue Authorities. In the light of the ratio laid down in the above decision, the present writ petition is disposed of with a direction to the 1st respondent to consider the application made by the petitioner seeking permission to construct a building in accordance with the provisions of the Hyderabad Municipal Corporation Act and the Rules made thereunder without insisting on production of “No Objection Certificate” from the 2nd respondent-District Collector. Writ Petition is accordingly disposed of. No costs. _______________ Justice G. Rohini Dt.18.06.2009 kvr [1] 2001 (3) ALT 200 [2] 2000 (3) ALT 225