IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13771 of 2009 Between: 1 Mrs. Amtul Mohammadi W/o. Syed Ata Hussain R/o. Flat NO. 403, Paramount Gardens, A.C. Guards, Hyderabad, Rep. by GPA Holder S.N. Bathina 2 Syed Abdul Qayyum Quadri S/o. S.A. Wali Quadri R/o. H.No. 8-2-672/3, Road No. 13, Banjara Hills Hyderabad, Temporarily R/o. U.A.E. rep. by GPA Holder S.N. Bathina 3 M/s. S.V.K. Inc Rep. by Sri S.N. Bathina S/o. Late Sri B. Ramachandra Rao Having its Office at Flat No. 1, Bathina Apartments 6-3-790/8, Ameerpet, Hyderabad. ..... PETITIONERS AND 1 The Greater Hyderabad Municipal Corporation Rep. by its Commissioner, Hyderabad. 2 The District Collector, Hyderabad District. ....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 of Mandamus or any other appropriate writ or order or direction to declare the action of the 1st respondent in not receiving or considering the petitioner's application for construction permission at the Municipal House bearing No. 8-3-833/257/1/C& 8 3- 833/257/1/B, Adjacent to Kamalapuri Colony, Phase-II, Hyderabad and insisting on the NOC from the 2nd respondent as arbitrary and illegal, and consequently direct the 1st Respondent to receive and consider the application of the petitioners for construction permission at the Municipal House Bearing No. 8-3-833/257/1/C& 8 3-833/257/1/B, Adjacent to Kamalapuri Colony, Phase-II, Hyderabad and pass such other order or orders as it deems fit in the circumstances of the case, in the interest of justice. Counsel for the Petitioner : MR.PRABHAKAR PERI Counsel for the Respondent No.1: SMT.KALPANA EKBOTE Counsel for the Respondent No.2 : G.P for Revenue The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13771 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the 1st respondent-Commissioner, Greater Hyderabad Municipal Corporation in insisting upon production of “No Objection Certificate” from the 2nd respondent-District Collector for receiving and considering the petitioners’ application for grant of permission to make construction in Municipal House bearing No. 8-3-833/257/1/C & 8-3-833/257/1/B adjacent to Kamalapuri Colony, Phase-II, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for the petitioners as well as Smt. Kalpana Ekbote, learned Standing Counsel appearing for the first respondent-Corporation. The question raised in this writ petition is no longer res integra. This Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District and another[1] and District Collector v. N.Krishna Mohan[2], having considered an identical question held that the authority cannot refuse to receive the building permission application on the ground of not furnishing “No Objection Certificate” from the Revenue Authorities. In the light of the ratio laid down in the above decision, this writ petition is disposed of with a direction to the first respondent to consider the application made by the petitioners seeking permission to construct a building in accordance with the provisions of the Hyderabad Municipal Corporation Act and the Rules made thereunder without insisting on production of “No Objection Certificate” from the 2nd respondent-District Collector. The Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J Dt.10th July 2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13771 of 2009 DATED : 10-07-2009 [1] 2001 (3) ALT 200 [2] 2000 (3) ALT 225