IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1112 of 2009 Between: Miss. Kanuganti Swetha, D/o. Captain K.Kishan, R/o. Plot No.690, Naveen Nagar Colony, Banjara Hills, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep by its Commissioner and Special Officer, Tank bund road, Hyderabad. 2 The District Collector, Hyderabad District, having its Office at Chirag Ali Lane, 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 issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not receiving the application proposed plan and permit fee from the petitioner and insisting for getting No. objection Certificate from the 2nd respondent for isuance of building permission in respect of the property house bearing M.C.No.8-2-277/A/1/2 admeasuring 500 sq.yards equivalent to 418.05 sq.meters situated at road No.14, Banjarahills, Hyderabad as iullegal, arbitrary and violative of principles of natural justice and against the bye-laws of Municipal Corporation of Hyderabad Act, 1955 and consequently direct the1st respondent immediately to receive the application for construction of building permission along with copies of proposed plan and permit fee from the petitioner without insisting for No Objection Ceritification fromt he 2nd respondent in respect of the property house bearing M.C.No.8-2-277/a/1/2 admeasuring 500 sq.yards equivalent to 418.05 sq.meters situated at Road No.14, Banjarahills, Hyderabad, and to pass Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R:- Questioning the action of the 1st respondent-Corporation in not receiving the application along with the proposed plan submitted by the petitioner and not granting permission to her to construct the building, for want of No Objection Certificate from the 2nd respondent-District Collector, this writ petition is filed. When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner and admitted to by the learned Standing Counsel for Greater Hyderabad Municipal Corporation that similar writ petitions, one such being W.P. No. 25785 of 2008, by an order dated 25.11.2008, was disposed of with certain directions. Therefore, both of them agreed to the disposal of this writ petition by and in terms of the directions as made therein. Hence, following the said order, this writ petition is also disposed of at the stage of admission with the following directions: The respondents are directed to receive the application submitted by the petitioner seeking permission to construct the building, without insisting her on producing No Objection Certificate from the 2nd respondent. Whether the petitioner is entitled to the same or not is purely the prerogative of the respondents. However, after processing the application of the petitioner, the respondents shall pass appropriate orders thereon in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955 and Building Bye-laws made therein, if the same is otherwise in order, within a period of six weeks from today. No order as to costs. ______________ N.V.RAMANA, J 28th January, 2009 bcj