IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7012 of 2009 Between: Smt. Vasanti V. Kale W/o. Vijay N. Kale R/o. 5-4-776, Abids, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep by its Commissioner & Special Officer Tank Bund Road, Hyderabad. 2 The Assistant City Planner, Circle - 9 Greater Hyderabad Municipal Corporation, Abids, 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 order or direction more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in insisting for production of "No Objection Certificate" from the District Collector, Hyderabad, for receivilng and considering the Building Permission Application of the petitioner in respect of the property bearing H.No. 3-5-271, admeasuring 188 sq.yards underneath the house and open yard situated at Vittalwadi street No. 7 Narayanaguda, Hyderabad as arbitrary, illegal and consequently direct the respondents to receive and consider the Building Permission Application of the petitioner in respect of the above said property without insisting production of "No Objection Certificate" obtained from the District Collector, Hyderabad forthwith and pass Counsel for the Petitioner: MR.CHANNA RAMASEKHARA RAO Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER: This writ petition is filed assailing the action of the respondents in insisting for production of ‘ No objection Certificate’ from the District Collector for receiving and considering the application submitted by the petitioner for grant of permission to make construction of a new house in respect of property bearing H.No.3-5- 271 admeasuring 188 square yards underneath the house and open yard situated at Vittalwadi, Street No.7, Narayanaguda, Hyderabad. The main grievance of the petitioner is that when she applied to the respondent Corporation for grant of permission to construct a new house by demolishing the existing house, the authorities are stating that ‘No Objection Certification’ issued by the District Collector is necessary, which, in fact, is not at all necessary. Today, when the matter came up for admission, learned counsel on either side agreed that the issue that arises for consideration in this writ petition is covered by a judgment of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District and another.[1] Accordingly, following the aforesaid judgment, the writ petition is disposed of directing the respondents to entertain the application of the petitioner for grant of building permission without insisting for production of ‘ No objection Certificate’ issued by the District Collector and pass orders in accordance with the provisions of Hyderabad Municipal Corporation Act and the Rules made thereunder. ________________ N.V.RAMANA,J Dt:02.4.2009 msv [1] 2001(3) ALD 600