IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION No: 10501 of 2009 Between: 1 M.Suguna Reddy, W/o. late M. Vinaya Rao, R/o. H.No.1-8-522/27/2, Chikkadpally, Hyderabad. rep by their General Power of Attorney P.V.V.S.N.Murthy, S/o. late P.Adinarayana Murthy, aged 38 years, Eureka Court, Amirpet, Hyderabad-500 073 2 M.Srinivas Reddy, S/o. late M. Vinaya Rao, R/o. H.No.1-8-522/27/2, Chikkadpally, Hyderabad. rep by their General Power of Attorney P.V.V.S.N.Murthy, S/o. late P.Adinarayana Murthy, aged 38 years, Eureka Court, Amirpet, Hyderabad-500 073 3 M/s Vaishno Ventures, Registere Partnership, Rep by its Managing Partner, Sri P.V.V.S.N.Murthy, S/o. Late P.Adinarayana Murthy, aged 38 years, Eureka Court, Amirpet, Hyderabad - 500 073 ..... PETITIONER(S) AND Greater Hyderabad Municipal Corporation (GHMC), Rep by its Commissioner, Tank Bund Road, Hyderabad. .....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 to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of ther espndent corporation in insisting for No Objection Certificate (NOC) from the Joint Collector and TSLR extract from the Mandal Revenue Officer for receiving the application of petitioners for constructin permission in respect of premises bearing Nos. 1-8- 522/27/2, 1-8-522/27/3 and 1-8-522/27/4, situated at Chikkadpally, Hyderabad, as arbitrary and illegal, and direct the respndent corporation to receive the application form along with plans from the petitioenrs for construction of building in remises bearing Nos. 1-8-522/27/2, 1-8-522/27/3 and 1-8-522/27/4, situated at Chikkadpally, Hyderabad, and further direct the respndent to issue construction permissin in respect of said premises and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner:MR.PRABHAKAR PERI 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 B.PRAKASH RAO WRIT PETITION No: 10501 of 2009 ORDER: Heard Sri Peri Prabhakar, learned counsel for the petitioners, and Sri R.Ramachandra Reddy, learned Standing Counsel for the respondent, who took notice on behalf of the respondent, and at their request the writ petition is taken up for disposal at the admission stage itself. The case of the petitioners 1 and 2 is that they are owners of the property bearing Municipal Nos.1-8-522/27/2, 1-8-522/27/3 and 1-8-522/27/4 admeasuring 380 square yards and that they have entered into a development agreement with the 3rd petitioner for the purpose of developing and construction of a commercial complex in the said premises as the entire area has been earmarked for commercial use by the Hyderabad Urban Development Authority. It is their grievance that when they approached the respondent authorities with an application seeking permission for construction of a commercial complex at premises bearing Municipal Nos.1-8- 522/27/2, 1-8-522/27/3 and 1-8-522/27/4, the respondent authorities have refused to receive the application and insisted that unless the No Objection Certificate from the Joint Collector and the TSLR extract from the Mandal Revenue Officer are enclosed, the application cannot be entertained at all. The same is challenged in the writ petition. This Court in Hyderabad Pottories Pvt. Ltd. vs. Collector, Hyderabad District[1] took the view that it is not open to the Municipal Corporation to insist on filing of NOC and TSLR issued by the revenue authorities. Following the same, the writ petition is disposed of directing the respondent authorities to receive and consider the application of the petitioners without insisting the No Objection Certificate from the Joint Collector and the TSLR extract from the Mandal Revenue Officer. No costs. -------------- 28.05.2009 CVRK [1] 2001 (3) ALT 200