IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25768 of 2008 Between: N. Prakash Rao S/o. Late N. Yadagiri R/o. H.No. 12-10-117, Seethaphalmandi, Secunderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep. by its Assistant City Planner, Circle IX, Secunderabad. 2 The District Collector, Hyderabad District, Having Office at Chirag Ali Lane, 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 or direction more particularly one in the nature of writ of Mandamus directing the 1st respondent to receive application proposed plan and permit fee from the petitioner and to issue construction permit without insisting for No Objection Certificate from the 2nd respondent to enable the petitioners to raise construction in the land under House bearing MC No. 12-11-193/1/N which comes under Sy.No. 20,23,24,25 and 31 admeasuring 296 sq. yards equivalent 247.45 sq. meters situated at Upper Basti, Namalgundu, Secunderabad, consequently direct the 1st Respondent immediately to receive the application for construction along with copies of proposed plan and permit fee from the petitioner and to issue construction permit to the petitioner in respect of land under House bearing MC No. 12-11-193/1/N which comes under Sy.No. 20,23,24,25 and 31 admeasuring 296 sq. yards equivalent 247.45 sq. meters situated at Upper Basti, Namalgundu, Secunderabad, and to pass Counsel for the Petitioner: MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO. 25768 of 2008 ORDER: 1 Questioning the action of the first respondent in not receiving the application along with proposed plan submitted by the petitioner and not granting permission to the petitioner to construct the building, for want of no objection certificate, from the second respondent, petitioner filed this Writ Petition. 2 When the matter is taken up for hearing, learned counsel for the petitioner and the learned Standing Counsel for the Greater Hyderabad Municipal Corporation have submitted that similar Writ Petitions have already been disposed of and this Writ Petition also can be disposed of by passing the same order. 3 In the light of the said consensus, this Writ Petition is disposed of at the stage of admission directing the respondents 1 and 2 to receive the building permission application of the petitioner without insisting for No objection Certificate. Whether the petitioner is entitled to the same or not is purely the prerogative of the respondents 1 and 2. However, after processing the application of the petitioner, the respondents shall pass appropriate orders in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955 and Building Bye-laws made therein, if the same is otherwise in order. However, the said exercise shall be done within a period of six weeks from today. No order as to costs. --------------- SRI T.G.K, J. 25.11.2008. Note: C.C. in two days B/o Kvsn