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 : 11933 of 2009 Between: B. Vidya Sagar Rao S/o. B. Rama Rao R/o. Geetha Nursing Home Cheryal, District Warangal. ..... PETITIONER AND 1 The Airport Authority of India National Airports Division, Rajiv Gandhi Bhavan Safdarjung, Airport, New Delhi. 2 The Airport Director Airports Authority of India Hyderabad Airport, Begumpet, 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned Proceedings of the 2nd respondent No. AAI/HY/ATS/61/NOC-9/2009/5348 dt. 5-5-09 whereby refusing to grant NOC to the petitioner as illegal, arbitrary and contrary to the judgment of the Hon'ble High Court in WP No. 9484 of 2007 dt. 31-7- 07 and consequently direct the respondents to forthwith issue NOC to the petitioners plot bearing No. 15 in Sy.No. 74 /12 situated at Three Moorthy Weaker Sections Housing Cooperative Society, East marredpally, Secunderabad in the interest of justice. Counsel for the Petitioner : MR. C.HARI PREETH Counsel for the Respondents : MR. E.MADAN MOHAN RAO The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11933 OF 2009 ORDER : This writ petition is filed seeking a declaration of the proceedings of the 2nd respondent – Airport Director, Airports Authority of India, Hyderabad – dated 5.5.2009 thereby refusing the request of the petitioner for grant of No Objection Certificate (NOC) for making construction at Plot No.15 in Sy.No.74/2 situated at Threemurthy Weaker Sections Co-operative Housing Society Limited, East Marredpally, Secunderabad, as arbitrary and illegal. The learned counsel for the petitioner at the outset has brought to my notice that in identical circumstances this Court disposed of W.P.No.9484 of 2007 holding that the objection raised by the Airports Authority of India as to the tile of the plot for issuing NOC was arbitrary, illegal and without any authority. I have also heard Sri E. Madanmohan Rao, the learned counsel, who accepted notice for the Airports Authority of India. Since the material on record makes it clear that the petitioner herein is similarly situated, following the order in W.P.No.9484 of 2007, dated 31.7.2007, the impugned order dated 5.5.2009 is hereby set aside and the writ petition is disposed of granting liberty to the petitioner to resubmit the application with all the relevant documents. If any such application is made, the 2nd respondent shall consider the same in accordance with law and pass appropriate orders in terms of the order in W.P.No.9484 of 2007 as expeditiously as possible preferably within a period of four weeks from the date of receipt of such application. Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J. Dt. 18.06.2009 gbs Note:- CC in 3 days. (B/O) gbs