IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8218 of 2009 Between: 1 Mrs. Zubeda Begum @ Shahnaz Begum, W/o. Late Nawab Zulfekar Jah Bahadur, R/o. H.No. 3-4- 354, Lingampally, Hyderabad. 2 Mr. Mir Osman Ali Khan, S/o. Late Nawab Zulfekar Jah Bahadur, R/o. H.No. 3-4- 354, Lingampally, Hyderabad. 3 Mr. Uday Pratap Singh, S/o. Late Phool Chand Singh, R/o. H.No. 1-1, Peerzadiguda Village, Ghatkesar Mandal, Ranga Reddy District. 4 Mr. Anil Singh, S/o. Late Phool Chand Singh, R/o. H.No. 1-1, Peerzadiguda Village, Ghatkesar Mandal, Ranga Reddy District. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, Rep by its Commissioner, Tank Bund, Hyderabad. 2 The Chief City Planner, Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad. 3 The District Collector, Hyderabad District. .....RESPONDENT(S) 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 a writ of "Mandamus" declaring the action of the 1st respondent in not receiving and considering the application of the petitioners from construction of building in respect of the petitioner property admeasuring 11721 Sq. yds bearing H.No. 3-4-354, situated at Lingampally, Kachiguda, Hyderabad thereby insisting on the production of the 'no objection certificate' from the 3rd respondent, as being illegal, arbitrary, unconstitutional and contrary to law declared by this Hon'ble Court and consequently direct the 1st respondent in the said property without insisting on a no objection certificate from the 3rd respondent and issue sanction for the construction of building in the said premises and issue sanction for the construction of the building in the said premises and pass Counsel for the Petitioner:MR.V.RAMAKRISHNA REDDY Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : O R D E R:- This writ petition is filed assailing the action of the 1st respondent- Corporation in insisting the petitioners on producing “No Objection Certificate from the District Collector for receiving and considering his application for permission to construct a building. The petitioners claim to be the owners and possessors of the premises bearing No.3-4-354, admeasuring 1172 sq. yards situated at Lingampally, Kachiguda, Hyderabad. The petitioners approached the 1st respondent-Commissioner with an application seeking permission for construction of a building, but the 1st respondent refused to receive the application and insisted them on producing ‘No Objection Certificate’ from the District Collector for entertaining his application for permission to construct the building. The action of the 1st respondent is under challenge in this writ petition. Heard Sri V.Ramakrishna Reddy, learned counsel for the petitioners, Sri R.Radha Krishna Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation, and the learned Government Pleader for Revenue appearing for respondent No.3, and perused the material placed on record. The learned counsel for the petitioners submits that the issue involved in this writ petition is squarely covered by the judgment of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District and Another[1] and District Collector v. N.Krishna Mohan[2] wherein it is held that the authority cannot refuse to receive the building permission application on the ground of non-furnishing of “No Objection Certificate” from the Revenue authorities. In view of the settled proposition of law, the writ petition is disposed of directing the 1st respondent-Commissioner, Greater Hyderabad Municipal Corporation to receive and consider the application made by the petitioners seeking permission to construct a building, without insisting them on producing “No Objection Certificate” from the District Collector, if the application is in accordance with the provisions of the Hyderabad Municipal Corporation Act and the Rules made thereunder. No costs. ______________ N.V.RAMANA, J 21st April, 2009 bcj [1] 2001(3) ALT 200 [2] 2000(3) ALT 525