IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 7091 of 2008 Between: 1 K. Krishna S/o. K. Laxmaiah, R/o. H.No.1-8-210, Chikkadapally, Hyderabad. 2 K. Sridevi, W/o. K. Krishna R/o. H.No.1-8-210, Chikkadapally, Hyderabad. ..... PETITIONERS AND 1 The Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Tank Bund Road, Hyderabad. 2 The Assistant Chief City Planner, Circle No.III, The Greater Hyderabad Municipal Corporation, Abids, 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 issue a writ, direction or order, particularly one in the nature of Mandamus declaring the action of the respondents herein in refusing to receive and process a joint application from the petitioners herein for applying permission for the construction of the building in premises No.1-8-210 and 1-8-210/A, Chikkadpally, Hyderabad as it was not accompanied by No Objection Certificate from the Revenue Authorities basing upon the entry in TSLR, as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to receive and process a joint application of the petitioners seeking for building permission with respect to the premises No.1-8-210 and 1-8-210/A, Chikkadpally, Hyderabad without insisting a No Objection Certificate and without reference to entry in TSLR Certificate. Counsel for the Petitioners : Sri R.V. Subba Rao Counsel for Respondent Nos.1 & 2: R. Ramachandra Reddy The Court made the following O R D E R: Sri R. Ramachandra Reddy, learned Standing Counsel takes notices on behalf of the respondents and with his consent, the writ petition is taken up for disposal at the stage of admission. Learned Standing Counsel made it clear that since there is enough power vested with the Commissioner under Sections 428, 429, 431 and 434 of the Hyderabad Municipal Corporations Act, 1955, to seek such information, as is considered necessary and relevant for the purpose of being satisfied about the right, title and interest of the applicants of building permissions, they are not insisting for production of ‘No Objection Certificate’ from the revenue establishment of the State. In view of this, the application of the writ petitioners may be received, entertained and processed strictly in accordance with law. With this, the writ petition stands disposed of, but however, without costs. ---------------------------------- Nooty Ramamohana Rao, J 3rd April 2008 Note: Issue CC by tomorrow. ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}