IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25277 of 2008 Between: M.Sudhakar S/o. M.Narayana 5-55-21 Brodipet 4/21 X Roads Guntur District ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Rep.by its Commissioner and Special Officer Tank Bund Hyderabad 2 Assistant City Planner G.H.M.C Circle No.1 Sardar(M) Charminar,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 to issue a writ or writs or directions more particularly one in the nature of writ of Mandamus directing the respondents to act according to law declaring their action in insisting the wp petitioner to obtain No Objection Certiﬁcate from Revenue Department in resepect of of title of the property which is in existence over(30) years as condition precedent for granting building permission as arbitrary illegal and void and consequently direct the respondent to grant forthwith building construction permission to the property bearing Plot No.25 19(part) and 24(part) in Sy No.110 admeasuring 295 Sq yards situated at near Hanuman Temple Saidabad(M) Saidabad Hyderabad and pass Counsel for the Petitioner: MR.G.BHASKAR RAO Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORAL ORDER: The Writ Petition is filed with the following prayer: “For the reasons stated in the accompanying aﬃdavit, it is, therefore, prayed that Hon’ble Court be pleased to issue a writ or writs or directions more particularly one in the nature of writ of mandamus directing the respondents to act according to law, declaring their action in insisting the writ petitioner to obtain ‘NO OBJECTION CERTIFICATE’ from Revenue Department in respect of title of the property which is in existence over (30) years, as condition precedent for granting building permission, as arbitrary, illegal and void and consequently direct the respondent to grant forthwith building construction permission to the property bearing plot No. 25, 19 (part) and 24 (part) in Sy.No. 110, admeasuring 295 Sq.yards, situated near Hanuman Temple, Saidabad Mandal, Saidabad, Hyderabad and pass such other order or orders as this Hon’ble Court deems ﬁt and proper in the interests of justice”. When the matter is taken up for hearing, counsel for the petitioner has drawn my attention to the judgment of this Court in Writ Petition No. 12513 of 2008 dated 20.6.2008. The learned Standing Counsel agreeing with the said ratio laid down by this Court, requested this Court to pass similar orders. In the light of the consensus between the parties, this Writ Petition is disposed of at the stage of admission directing the ﬁrst respondent-Corporation to receive the building permission application from the petitioner and consider the same in accordance with the provisions of the Hyderabad Municipal Corporations Act, 1955 and the Rules framed there under. _______________________________ GOPALA KRISHNA TAMADA, J Dt. 18.11.2008 KA Note: Furnish copy in three days. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Greater Hyderabad Municipal Corporation Rep.by its Commissioner and Special Officer Tank Bund Hyderabad 2 Assistant City Planner G.H.M.C Circle No.1 Sardar(M) Charminar,Hyderabad 3. 2 CC s to G.P. for Municipal Administration, High Court of A.P. Hyderabad OUT. 4. 2CD copies