THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5390 OF 2005 DT.17.3.2011 Between: Smt Yaseen Begum … Petitioner And The Joint Collector, Hyderabad dist Hyderabad … Respondent Counsel for the Petitioner: Sri Palivela Satyarajababu Counsel for respondent: G.P. for Assignments The Court made the following ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5390 OF 2005 ORDER: The present writ petition is filed questioning the proceedings dated 18.1.2005 in rejecting issuance of ‘No Objection Certificate’ to the petitioner in respect of plot No.19, of defunct Jubilee Hills Municipality, Road No.10, Survey No. 403 (Old Survey No. 129), shaikpet village, Jubilee Hills, Hyderabad. The present writ petition is filed by one Mr D.Linga Murthy, who is registered General Power of Attorney holder of the writ petitioner. The petitioner claims that she is owner and possessor of the subject plot and that the same is not a Government land and certain civil disputes among the petitioner and other private parties are pending before various Courts, which cannot be a ground for the respondent to reject the application for issuance of ‘No Objection Certificate” to the petitioner. The learned counsel for petitioner submits that the limited duty and responsibility of the Revenue authorities is to verify the revenue records and certify whether the subject land is a Government land or a private land, so as to enable the municipal authorities to grant permission for construction of buildings in accordance with law. If there are any rival disputes, it is for the respective parties to resolve the same before the appropriate forum available under law and the respondent authority cannot reject issuance of ‘No Objection Certificate’ on the ground that ownership disputes are pending with regard to the subject property before various Courts. Heard the learned counsel for petitioner and learned Government Pleader for Assignment and perused the material available on record. A perusal of the impugned order indicates that “No Objection Certificate’’ to the petitioner was denied on the ground that there are certain civil disputes pending before various Courts, the relevant portion of the impugned order dated 18.1.2005 is extracted below; ………….is examined and it is informed that there is dispute regarding extent of Plot No.19 and its ownership and the matter is pending before the Supreme Court of India, a civil suit is pending in City Civil Court and Land Grabbing case before the Special Court under A.P.L.G.(P) Act. Hence, the Municipal Corporation of Hyderabad is informed not to accord building permission in favour of the applicant or any other person in respect of plot No.19, D.J.H.M. situated at Road No.10, Banjarahills, Hyderabad. The District Collector cannot go into the controversy of the private disputes among the individuals and whenever an application for issuance of ‘No Objection Certificate’ by private individuals, it is for the District Collector to verify the records and upon receiving a report from the concerned authority to certify whether the subject land is a Government land or a private land. Thereupon, it is for the municipal authorities to verify the application with regard to genuineness or otherwise and if the applicant establishes that he/she is in legal possession of the subject land, then consider such application and take appropriate action in terms of the provisions of Municipalities Act. Having regard to the above facts and circumstances of the case, the petitioner is permitted to file a fresh application seeking ‘No Objection Certificate’ from the District Collector, and on filing such an application it is open for the District Collector to verify and certify whether the subject land i.e., plot No.19, of defunct Jubilee Hills Municipality, Road No.10, Survey No. 403 (Old Survey No. 129), shaikpet village, Jubilee Hills, Hyderabad, is a private land or a Government land and pass appropriate orders thereon in accordance with law. Accordingly, the writ petition is disposed of. No costs. ______________ V ESWARAIAH,J DATE: 17.3.2011 TVK THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5390 OF 2005 DT.17.3.2011