IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12164 of 2009 Between: 1 Smt. Shameem Sultana W/o. Late Nawab Jaffer Sultan R/o. H.No. 3-5-583, Himayath Nagar, Hyderabad Rep. by her GPA Holders(Petitioners 2 to 4) 2 Sri Umesh Thakral S/o. Sri Hiralal Thakral R/o. Flat No. 41, B.N. Reddy Tower, Basheerbagh, Hyderabad. 3 Sri Shaik Abdul Rafeeq S/o. Late Shaik Abdul Rahmah R/o. 19-2-140, Bahadurpura, Hyderabad. 4 Sri Mohd. Azeem S/o. Late Abdul Nabi R/o. 21-1-103, Moti Masjid, Nayapur, Hyderabad. ..... PETITIONERS AND 1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner and Special Officer, Tank Bund Road, Hyderabad 2 The District Collector Hyderabad District, having office at Chirag Ali Lane, Abids, Hyderabad. ....RESPONDENTS 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. 19-5-10/15, Admeasuring 1000 sq. yards or 836.0 Sq. meters situated at Bandlaguda, 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. 19-5-10/15, admeasuring 1000 sq. yards or 836.0 sq. meters situated at Bandlaguda, Bahadurpura, Hyderabad and to pass such other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case. 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 : ORDER: This writ petition is filed seeking a declaration that the action of the respondents in not receiving the application, proposed plan and permit fee from the petitioners and insisting on production of `No objection Certificate (NOC)’ from the 2nd respondent District Collector for construction of a building at premises bearing Municipal No.19-5- 10/15, Bandlaguda, Bahadurpura, Hyderabad, as arbitrary and illegal. 2. I have heard the learned counsel for both the parties and perused the material on record. 3. The law is well-settled that there is no enough power vested in the Commissioner under Sections 428, 429, 431 and 434 of the Hyderabad Municipal Corporation Act, 1955 to call for such necessary particulars and information, as is considered appropriate to satisfy himself about the title, right and interest of the petitioner over the land on which the building is sought to be erected. There is also no provision in the Act to insist upon the applicants to submit `No objection Certificate’ either from the revenue establishment of the State Government or from the Town Survey and Land Records Department. 4. In the light of the settled legal position stated above, the Writ Petition is disposed of at the stage of admission with a direction to the respondents to receive the application submitted by the petitioner for grant of building permission and process the same, in accordance with law without insisting upon production of NOC either from the revenue administration or from the Department of Town Survey and Land Records, and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. 5. The writ petition is disposed of. No costs. _____________ G.ROHINI, J Dt.23-06-2009 RAR THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12164 of 2009 DATED : 23-06-2009