IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13427 of 2009 Between: 1 Iftiqar Gazala W/o. M.A. Arif Ahmed, R/o. H.No.10-4-6/2/1/2, Masabtank, Hyderabad. 2 Syed Abdul Kasheef S/o. Syed Abdul Rasheed, R/o. H.No.12-1-759, Asif Nagar, Hyderabad. 3 Syed Abdul Mukaram S/o. Syed Abdul Rasheed, R/o. 12-1-759, Asif Nagar, Hyderabad. 4 Syed Yaseen Ali, S/o. Syed Inayath Ali, R/o. H.No.12-2-98/1/A,Murad Nagar, Mehdipatnam, Hyderabad. ... PETITIONERS AND 1 Greater Hyderabad Municipal Corporation, Rep by its Commissioner and Special Officer, Tank bund road, Hyderabad. 2 The District Collector, Hyderabad District having office at Chirag Ali Lane, Abids, Hyderabad, 3 The Director, Department of Archeology having office at Sultan Bazar, Koti, Hyderabad. ....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, order or direction more particularly one in the nature of Writ of Mandamus directing the 1st respondent to issue building permission after receiving the applications, proposed plan and permit fees from the petitioners without insisting for getting No Objection Certificate from the 2nd and 3rd respondents in respect of the property under plot No.199, 199/A, 198, 198/A each admeasuring 222 sq.yards situated at Qila Mohammed nagar, Hyderabad Urban, (Dhankota land of Golconda in Municipal Ward No.9, Block No.8 ) Hyderabad District, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondents: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following: THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13427 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in not receiving the application, proposed plan and permit fee from the petitioners and insisting on production of `No objection Certificate (NOC)’ from the 2nd and 3rd respondents for construction of a building at property bearing Plot Nos.199, 199/A, 198, 198/A each admeasuring 222 square yards at Qila Mohammed Nagar, Hyderabad Urban (Dhankota land of Golconda in Municipal Ward No.9, Block No.8), Hyderabad District, as arbitrary and illegal. I have heard the learned counsel for both the parties and perused the material on record. The law is well-settled that there is no enough power vested in the Commissioner under Sections 428, 429, 431 and 434 of the Hyderabad Municipal Corporation Act, 1955 to call for such necessary particulars and information, as is considered appropriate to satisfy himself about the title, right and interest of the petitioners over the land on which the building is sought to be erected. There is also no provision in the Act to insist upon the applicants to submit `No objection Certificate’ either from the revenue establishment of the State Government or from any other Department. In the light of the settled legal position stated above, the Writ Petition is disposed of at the stage of admission with a direction to the respondents to receive the application submitted by the petitioners for grant of building permission and process the same, in accordance with law without insisting upon production of `No objection Certificate’ (NOC) either from the revenue administration or from the Department of Archeology, and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of. No costs. _____________ G.ROHINI, J Dt.07-07-2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13427 of 2009 DATED : 07-07-2009