IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12513 of 2008 Between: Rafathullah, S/o. Hidayathullah, R/o. 2-4-544 (CIB Quarters), Kachiguda - 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 to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in insisting for production of "No Objection Certificate/TSLR" from the District Collection for considering the application for grant of permission tomake construction as illegal, arbittrary, high handed and consequently direct the Respondent to consider the application of the Petitioner for sanction plan without insisting upon the submission of "No Objection Certificate/TSLR" from the District Collector, situated at H.No. 2-3-692/1/8/1/A, situated at Durga Nagar, Amberpet, Hdyerabad to an extent of 300 Sq. Yards and bounded by North: 60 feet wide road, South: H.NO. 2-3-692/1/D/16, East: H.No. 2-3-692/1/D/11, West: H.NO. 2-3-692/1/D/13. Counsel for the Petitioner:MR.SHAFATH AHMED KHAN Counsel for the Respondent No.: MR.R.RAMACHANDRA REDDY The Court made the following : ORDER: This writ petition has been filed by Rafathullah with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad-respondent in insisting the petitioner to produce ‘no objection certificate/TSLR’ from the District Collector, Hyderabad, for grant of permission to make construction, as illegal and arbitrary. 2. The petitioner is owner and possessor of the house bearing H.No.2-3-692/1/8/1/A, situated at Durga Nagar, Amberpet, Hyderabad, in an extent of 300 sq. yards, having purchased the same under a registered sale deed, dated 07.02.2007. He submitted an application on 15.05.2008 to the respondent-Corporation seeking building permission along with plan. The concerned officials of the respondent- Corporation have refused to receive the application and directed him to furnish ‘No Objection Certificate/TSLR’ original from the District Collector, Hyderabad. Hence, this writ petition. 3. Learned Standing Counsel appearing for the respondent- Corporation takes notice on behalf of the respondent-Corporation. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent-Corporation. 5. Learned counsel for both the parties submit that the issue involved in this writ petition is squarely covered by the decisions of this Court in District Collector, Hyderabad v. N.Krishna Mohan[1] and B.Murali v. Commissioner, Municipal Corporation of Hyderabad[2], wherein it has been held that the ‘No objection certificate/TSLR’ from the revenue authorities cannot be insisted upon for grant of building permission. 6. In view of the proposition of law laid down in the above referred cases, the objection raised by the respondent-Corporation for receiving building permission application cannot be sustained. 7. Accordingly, the writ petition is disposed of at the admission stage directing the respondent-Corporation to receive the building permission application from the petitioner and consider the same in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955 and the rules framed thereunder. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:20th June, 2008. Note: Issue C.C. within two days. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} [1] 2000 (4) ALD 126 (DB) [2] 2006 (6) ALT 198