IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12583 of 2009 Between: A. Rama Swamy S/o. A. Pentaiah H.No. 6-3-582/4, Gandhi thata Nagar, Khairatabad, Hyderabad. ... PETITIONER AND 1 The Commissioner & Special Officer, Town Planning, Greater Hyderabad Municipal Corporation Tank Bund, Hyderabad. 2 The Asst. City Planner, Circle No.10 Greater Hyderabad Municipal Corporation Khairatabad, Hyderabad. 3 The District Collector Hyderabad District Nampally Station Road, 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 a direction more particularly in the nature of writ of mandamus directing the 2nd respondent to receive the application with proposed plan and permit fee from the petitioner and to issue a construction permit without insisting for No Objection from the 3rd respondent to enable the petitioner to raise construction on the land admeasuring 100 sq. yds. above bearing Municipal No. 6-3-582/4 in Sy.Nos. 94, 95 & 96, Khairtabad Village, Hyderabad and consequently direct the 2nd respondent immediately to receive the application for construction along with copies of proposed plan and permit fee from the petitioner and issue construction permit to the petitioner in respect of land admeasuring 100 sq. yds. above bearing Municipal No. 6-3-582/4 in Sy.No. 94, 95 & 96, Khairtabad Village, Hyderabad and to pass such other further order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.M.R.HARSHA Counsel for the Respondents 1 and 2: SMT.KALPANA EKBOTE The Court made the following: THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12583 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the 2nd respondent-Assistant City Planner, Circle No.10, Greater Hyderabad Municipal Corporation in insisting upon production of “No Objection Certificate” from the 3rd respondent-District Collector for receiving and considering the petitioner’s application for grant of permission to make construction in an extent of 100 square yards at premises bearing Municipal No. 6-3-582/4 in Sy.Nos.94, 95 and 96, Khairatabad village, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as Smt.Kalpana Ekbote, learned Standing Counsel appearing for the respondents 1 and 2. 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 could not 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 respondents 1 and 2 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 upon production of “No Objection Certificate” from the 3rd respondent-District Collector. The Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J Dt.26.06.2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12583 of 2009 DATED : 26-06-2009 [1] 2001 (3) ALT 200 [2] 2000 (3) ALT 225