IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15220 of 2008 Between: 1 N. Bala Krishna, S/o. late N. Chandramouli, Hindu, Sankargunj, Wanaparthi, Mahaboobnagar District. 2 N. Padmavathi, W/o. N. Balakrishna, Hindu, R/o. Wanaparthi, Mahaboobnagar District. ..... PETITIONERS AND Municipal Corporation of Kurnool, Rep. byi ts Commissioner, Kurnool, Kurnool District. .....RESPONDENT 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 of Mandamus or any other appropriate Writ, order or direction, declaring the action of the respondent herein in not granting the building permission in favour of the Petitioners herein on the application made by the petitioners on 25-02-2004 on the ground that no NOC has been received from the District Collector, Kurnool and instructing the Petitioners to furnish No Objection Certificate from the District Collector, Kurnool by virtue of endorsement B.A.No. 72/2004/G1, dated 28-11-2007 issued by the respondent herein for processing the Building Permission Application of the Petitioners for construction of building in L.P.No. 83/93, Sy.No. 746/B1B & 747/IA3, Gayathri Estates, Gooty Road, Kurnool and asking the Petitioners to furnish No Objection Certificate from District Collector, Kurnool as arbitrary, illegal, unreasonable, violativeof Article 14 of the Constitution of India and opposed to the judgment of this Hon'ble Court reported in 2001(3) ALD 600 and consequently direct the Respondent herein to grant the construction permission in favour of the Petitioners herein in respect of land in L.P.No. 83/93 in Sy.No. 746/B1B & 747/IA3, Gayathri Estate, Gooty Road, Kurnool without insisting on the No Objection Certificate from the District Collector, Kurnool. Counsel for the Petitioner: MR.A.V.SESHA SAI Counsel for the Respondent No.: MR.A.SREEDHAR The Court made the following : ORDER This writ petition has been filed by the petitioners, who are two in number, seeking to declare the action of the Municipal Corporation of Kurnool-respondent in not considering the building permission application submitted by them, as arbitrary and illegal. Heard the learned counsel appearing for the petitioners and the learned standing counsel appearing for the respondent. Learned counsel appearing for the petitioners submits that the issue involved in this writ petition is no more res integra in view of the Judgment of this Court reported in ‘Hyderabad Pottery Private Limited vs. District Collector,’ [1]. This factual aspect is not contradicted by the learned standing counsel appearing for the respondent. Following the above judgment, the writ petition is also disposed of directing the respondent to consider the application of the petitioner in accordance with the provisions of the Hyderabad Municipal Corporation Act, which is extended to Municipal Corporation of Kurnool by the A.P. Municipal Corporations Act and the bye-laws made hereunder. But, however, such consideration shall be without insisting on any No Objection Certificate form the District Collector. No costs. _________ 16-07-2008 Note: Issue CC by four days. (B.O) rkk [1] 2001 (3) ALD 600