IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 9860 of 2008 Between: 1 Syed Riyaz Mahdi, S/o. Late Syed Mahmood, R/o. 1915 Pescadores Avenue, Sam Pedro, California 90732, USA, Rep. by GPA Syed Ali Akbar, S/o. Syed Noor Mohammad, Aged 71 Years, Occ: Business, R/o. 16-8-536/G, New Malakpet, Hyderabad. 2 Syed Iqbal Mahdi, S/o. Late Syed Mahmood, R/o. 116 Appalachian Trail, Lexeington, SC 29072, USA, Rep. by his GPA Mr. Syed Ali Asghar, S/o. Syed Noor Mohammad, R/o. Flat No. 407, Abkar Plaza, Malakpet, Hdyerabad -36. 3 Syed Zainul Abedin, S/o. Late Syed Mahmood, R/o. Featherbed Motel, PO Box 357, Turbeville, SC 29162, USA, Rep. by his GPA Mr. Syed Ali Asghar, S/o. Syed Noor Mohammad, R/o. Flat No. 407, Abkar Plaza, Malakpet, Hdyerabad -36. 4 Syed Aijaz Mahdi, S/o. Late Syed Mahmood, R/o. 17119, Barneston Street, Granada Hills, California 9134 USA, Rep. by his GPA Mr. Syed Ali Asghar, S/o. Syed Noor Mohammad, R/o. Flat No. 407, Abkar Plaza, Malakpet, Hdyerabad -36. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by its Secretary, Ministry of Municipal Administration, Secretariat Buildings, Hyderabad. 2 Greater Hyderabad Municipal Corporation, Rep. byits Commissioner, Tank Bund 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 pass an order to issue a Writ, direction or order more particularly a Writ of Mandamus declaring the action of the second respondent in asking for the Non-Objection Certificate from the office of the Collector, Hyderabad for according permission for construction of multi storied complex, in premises bearing Number 16-2-57, situated at Akbar Bagh, Malakpet, Hyderabad totally admeasuring 2189 Sq. Yards as illegal, null and void. Counsel for the Petitioners : Sri Kishore Rai Counsel for Respondent No.1 : GP for Municipal Admn. & Urban Dev. The Court made the following O R D E R: This writ petition has been filed complaining of the action of the Greater Hyderabad Municipal Corporation in insisting for production of the ‘No Objection Certificate’ from the office of the District Collector, Hyderabad for processing the application submitted seeking permission for construction of multi-storied complex at premises bearing No. 16-2-57, Akbar Bagh, Malakpet, Hyderabad. Sri R. Radha Krishna Reddy, learned Standing Counsel for the 2nd respondent states that since this issue has already been decided by this Court that the respondent – Corporation had adequate and enough powers under Sections 426 and 427 read with 430 and 431 of the Hyderabad Municipal Corporations Act, 1955 to seek such information as is found necessary to ascertain about the genuineness of the claim of title over the piece of land by every applicant, there is no further necessity at all to insist upon such applicants, who seek permission for construction of buildings to produce the ‘No Objection Certificate’ from the District Collector concerned. In view of the statement of the learned Standing Counsel and in view of the law laid down by this Court, the 2nd respondent shall entertain the application of the petitioners seeking permission for making constructions and process it and accord the same, provided it complies with the requirement of law and the building byelaws/regulations framed by the respondent – Corporation. With this, the writ petition stands disposed of, but however without costs. (NOOTY RAMAMOHANA RAO, J) 1st May 2008 Note: Issue CC in three days. (bo) ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}