IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23245 of 2008 Between: 1 P.Ashok S/o.P Laxmaiah, Hindu 4-7-456 Esmaiah Bazar, Hyderabad 2 K.Kasinath S/o Narayana Hindu 4-7-456 Esmaiah Bazar, Hyderabad ..... PETITIONERS AND The Commissioner GHMC, 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 issue a writ order or direction more particularly one in the nature of respondent insisting for production of " No Objection Certiﬁcate" from the District Collector for receiving and considering the application for grant of permission to make construction in Municipal bearing No.1-8-182/1 and 1-8-182/2 Chikkadpally, Hyderabad as illegal, arbitrary, high handed and consequently direct the respondent to receive and consider the application of the petitioner for sanctioned plan without insisting upon the submission of " No objection Certiﬁcate" from the District Collector to make Construction in Municipal bearing No.1-8- 182/1 and 1-8-182/2 Chikkadpally, Hyderabad and pass Counsel for the Petitioners: MR.S.ABHAYA KUMAR SAGAR Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are two in number assailing the action of the respondents in insisting for production of No Objection Certiﬁcate from the District Collector for receiving and considering the building permission application of the petitioners. The petitioners claim to be the owners and possessors of the premises bearing No.1-8-182/1, admeasuring 180 sq. yards situated at Chikkadpalli, Hyderabad, having purchased the same from Uppuluri Sathyanarayana represented by G.P.A. Holder of K. Venkata Ramana Reddy, through a registered sale deed dated 13.03.1995. The said Venkata Ramana Reddy purchased the said house under a registered sale deed, dated 13.05.1993 from Sri Rameshchander Dacha. The petitioners approached the authorities with an application seeking permission for construction of building. The respondent authorities insisted for production of ‘No Objection Certiﬁcate’ from the District Collector for entertaining the building permission application of the petitioners. The action of the respondent authorities is under challenge in this writ petition. When the writ petition came up for admission, Smt. Kalpana Ekbote, the learned Standing Counsel of Greater Hyderabad Municipal Corporation received notice on behalf of the respondent. Heard learned counsel appearing for the petitioners and the learned Standing Counsel of Greater Hyderabad Municipal Corporation appearing for the respondent. Learned counsel appearing for the petitioners submits that the issue involved in this writ petition is squarely covered by the judgment of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District and another[1] and District Collector v. N. Krishna Mohan[2] wherein it has been held that the authorities cannot refuse to receive the building permission application on the ground of not furnishing ‘No Objection Certificate’ from the Revenue authorities. In view of the settled proposition of law, the Writ Petition is disposed of directing the respondent-corporation to entertain the building permission application without insisting for No Objection Certiﬁcate from the District Collector, if their application is in accordance with the provisions of the Hyderabad Municipal Corporation Act and the Rules made thereunder. _________________________ (B. Seshasayana Reddy, J.) 24th October, 2008 Js. [1] 2001 (3) ALT 200 [2] 2000 (3) ALT 525