IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12601 of 2008 Between: Sri Hanuman Vyayam Shala A Registered Society Bearing Registration No.4/51 Kanda Swamy Lane Sultan Bazar Hyderabad Rep.by its Sri S.Ratnam S/o.Late Istari R/o.Hanuman Vyayam Shala Sultan Bazar Hyderabad ..... PETITIONER AND The Greater Hyderabad Municipal Corporation Rep.by its Commissioner Municipal Complex 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 a writ or order or direction more particularly one in the nature of writ of Mandamus to Respondent declaring the later’s insistence to produce before it No.objection certificate from the District Collector Hyderabad for grant of permit or sanction to carryon construction as illegal arbitrary and high handed and to direct the respondent to accept and deal as per law with petitioner's building Application from etc for grant of construction of building on premises bearing MCH No.4-3-50/1/9&4-3-50/1/10 total admeasuring to 140.6 sq yards 120.42 sq.mtrs situated at Kakinada Swamy market lane Sultan Bazar Hyderabad Counsel for the Petitioner:MR.P.PANDURANGA RAO Counsel for the Respondent No.: MR.R.RAMACHANDRA REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12601 OF 2008 ORDER: 1. This writ petition has been filed by Sri Hanuman Vyayam Shala, a registered society, represented by its Secretary S. Ratnam assailing the action of the Respondent in insisting for NOC from the District Collector for grant of permission or sanction to carry on construction on the premises bearing MCH No. 4-3-50/1/9 & 4-3-50/1/10 owned by it. 2. When the writ petition came up for admission, learned counsel appearing for the petitioner and learned standing counsel appearing on behalf of the respondent-Corporation state that the issue involved in this writ petition is squarely covered by the judgment of this Court in B.Murali s/o: late B. Rahmaiah Vs. Commissioner, Municipal Corporation of Hyderabad[1]. In the cited decision it has been held that the action of the respondent-Municipal Corporation insisting to produce NOC from the District Collector for sanctioning building permission is held to be illegal and arbitrary. 3. In view of the settled proposition of law, the respondent – Corporation is directed to consider the building permission application filed by the petitioner without insisting for NOC from the District Collector and pass appropriate orders in accordance with the Hyderabad Municipal Corporation Act and Rules framed thereunder. 4. Accordingly, this writ petition is disposed of. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 25th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12601 OF 2008 25th June, 2008. [1] 2006 (6) ALT 198