HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.7283 of 2010 31st March 2010 Between: Sri B.Ramesh Kumar and another … PETITIONER(S) and Greater Hyderabad Municipal Corporation, represented by its Commissioner, Tank Bund, Hyderabad another … RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.7283 of 2010 ORDER: Heard Sri K.Malleswara Rao, Learned counsel for the petitioners and Sri R.Ramachandra Reddy, learned Standing Counsel of the G.H.M.C. At their request the Writ Petition is being disposed of at the stage of admission. The petitioners, two in number, are brothers. They question the action of the second respondent in not receiving their application for building permission without furnishing the No Objection Certificate issued by the District Collector/Joint Collector. Petitioners claim to be the owners, and to be in peaceful possession, of the house admeasuring 200 sq. yards equivalent to 167.22 sq. meters bearing H.No.5-5-1-32/A, situated at Kattalmandi, Goshamahal, Hyderabad, having purchased it under registered sale deeds vide document nos.688/2004 and 1294/2004 dated 12.03.2004 and 30.04.2004 from their vendors. It is the case of the petitioners that they wanted to construct a building in the said premises by removing the existing old house; they had submitted an application for grant of building permission; but the respondents had refused to receive the application without a No Objection Certificate, from the District Collector/Joint Collector, being submitted along with the application. The petitioners would contend that such a condition, for production of the No Objection Certificate, is contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and the Rules and the bye-laws made thereunder. Both counsel would agree that the subject matter of this Writ Petition is covered by a judgment of this Court in HYDERABAD POTTERIES PRIVATE LIMITED vs. COLLECTOR, HYDERABAD DISTRICT AND ANOTHER[1] wherein it was held that the local authorities would not insist on production of a No Objection Certificate from the revenue authorities for considering the application seeking permission to construct a building. Following the said judgment, this Writ Petition is also disposed of directing the respondents to receive and process the application of the petitioners without insisting upon their furnishing the No Objection Certificate from the District Collector/ Joint Collector. The respondents shall, however, ensure that the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, the Rules and Regulations made thereunder, the building bye-laws and other statutory provisions are adhered to in considering the petitioners’ application for grant of building permission. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 31st March 2010 CVRK/MRKR [1] 2001 (3) ALD 600