IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2049 of 2009 Between: Sri Suri Sobhanadri Sastry, S/o. Subba Rayudu, R/o. H.No. 1-8-430/5/1, Chikkadapally, Hyderabad. ..... PETITIONER AND The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. .....RESPONDENT 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 an appropriate writ, order or direction, more in the nature of Mandamus, declaring the action of the respondent in insisting for production of "No Objection Certificate" from the District Collector for receiving and considering the application for grant of permission to make construction in Municipal House bearing No. 1-8- 430/5/1, Chikkadapally, Hyderabad as illegal, arbitrary, high handed and consequently direct the respondent to receive and consider the application of the petitioner for sanction plan without insisting upon the submission "No Objection Certificate" from the District Collector to make construction in Municipal House bearing No. 1-8-430/5/1, Chikkadapally, Hyderabad as illegal, arbitrary, high handed and consequently direct the respondent to receive and consider the application of the petitioner for sanction plan without insisting upon the submission of "No Objection Certificate" from the District Collector to make construction in Municipal House bearing No. 1-8-430/5/1, Chikkadapally, Hyderabad and pass Counsel for the Petitioner: MR.S.ABHAYA KUMAR SAGAR Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : O R D E R:- This writ petition is filed assailing the action of the respondent in insisting the petitioner on producing “No Objection Certificate from the District Collector for receiving and considering his application for permission to construct a building. The petitioner claims to be the owner and possessor of the premises bearing No.1-8-430/5/1, admeasuring 88.70 sq. yards situated at Chikkadpally, Hyderabad having purchased the same from N.Venkatramana Durga Negeshwara Sastry, under a registered sale deed dated 18.2.1995. N.V.D.Nageshwara Sastry had purchased that house from one K.Laxmikantham under two registered sale deeds dated 26.3.1982 and 4.4.1982. The petitioner approached the respondent-Commissioner with an application seeking permission for construction of a building, but the respondent insisted him on producing ‘No Objection Certificate’ from the District Collector for entertaining his application for permission to construct the building. The action of the respondent is under challenge in this writ petition. Heard Sri S. Abhaya Kumar Sagar, learned counsel for the petitioner and Smt. Kalpana Ekbote, learned Standing Counsel for Greater Hyderabad Municipal Corporation and perused the material placed on record. The learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the judgment of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District and Another[1] and District Collector v. N.Krishna Mohan[2] wherein it is 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 view of the settled proposition of law, the writ petition is disposed of directing the respondent-Commissioner, Greater Hyderabad Municipal Corporation to consider the application made by the petitioner seeking permission to construct a building, without insisting him on producing “No Objection Certificate” from the District Collector, if the application is in accordance with the provisions of the Hyderabad Municipal Corporation Act and the Rules made thereunder. No costs. ______________ N.V.RAMANA, J 6th February, 2009 bcj [1] 2001(3) ALT 200 [2] 2000(3) ALT 525