The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.832 of 2010 Order: Heard learned Counsel for the petitioner and learned Standing Counsel for the respondent-Municipal Corporation of Hyderabad. With their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission. In this Writ Petition, the petitioner seeks declaration, by way of Mandamus, that the action of the respondent, in insisting to submit ‘No Objection Certificate’ (for short ‘NOC’) from the State Government along with his application for grant of building permission under the provisions of the Hyderbaad Municipal Corporation Act, 1955 (for short ‘the Act’), as illegal and arbitrary. In the affidavit filed in support of the Writ Petition, it is stated that the petitioner is owner of the premises bearing MCH No.8-2-602/33/1, situated in an area of 227 square yards, at Zahara Nagar, Road No.10, Banjara Hills, Hyderabad. It is the grievance of the petitioner that his application seeking permission for construction of new house after dismantling the old one has not been received by the respondents on the ground that the same is not accompanied by NOC from the State Government and its authorities. The learned Counsel for the petitioner relied on a judgment passed by a learned single Judge of this Court reported in B.Murali vs. Commissioner, Municipal Corporation of Hyderabad, Hyderabad[1] wherein this Court, while considering various provisions of the Municipal Corporation Act and the byelaws framed thereunder, opined that NOC is not required to be produced for obtaining construction permission. In view of the ratio laid down in the abovesaid judgment, this Writ Petition is disposed of directing the respondent to receive the petitioner’s application seeking permission for construction on the property owned by him without insisting for NOC from the State Government and its authorities. However, it is made clear that such consideration shall be, in accordance with the provisions of the Act and the byelaws made thereunder and, based on the material to be produced by the petitioner. There shall be no order as to costs. _________________ R.Subhash Reddy, J Dated 25th January, 2010 lur [1] 2006 (6) ALD 129