IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18395 of 2008 Between: 1 Mohammed Mazher Ali S/o. Mohammed Mukkaram Ali R/o. H.No.16-2-51/B, New Malakpet, Hyderabad. 2 Smt. Mehraj Fathima Asra W/o. Mohammed Mazher Ali R/o. H.No.16-2-51/B, New Malakpet, Hyderabad. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, rep. by its Chief Commissioner, Tank Bund, Hyderabad. 2 Asst. City Planner, Circle-4, (Old Circle-1), Municipal Corporation of Hyderabad, Hyderabad. .....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 an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in insisting to production no objection certificate and TSLR Certificate for consideration of building application vide file No.738/A/2/16/2008 dated 22-5-2008 for construction of building in premises No.16- 2-738/A, Andhra Colony, Asmangadh, New Malakpet, Hyderabad, as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to consider the application for building permission without insisting No Objection Certificate and TSLR Certificate and to pass Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18395 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are two in numbers 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 respondents in insisting for ‘No Objection Certificate’ and TSRL certificate for consideration of their building permission application as arbitrary and illegal. 2. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents-Corporation. 3. Learned counsel on either side agreed that the issue involved in this writ petition is squarely covered by a judgment of this Court in Hyderabad Potteries Private Limited Vs. Collector, Hyderabad District, wherein it was held that the Municipal Corporation of Hyderabad cannot refuse to receive and sanction the building permission merely on the ground that the owner has failed to produce ‘ No Objection Certificate’ from the revenue authorities and the TSLR certificate. 4. In view of the same, the writ petition is disposed of at the admission stage inn terms of the said judgment. The respondents are directed to receive the application of the petitioner in respect of the premises bearing 16-2-738/5/A, Andhra Colony, Asmangadh, New Malakpet, Hyderabad and consider the same without insisting on the ‘No Objection Certificate and TSLR Certificate and the respondents shall examine the application fo the petitioner in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955, and the Rules framed there under. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 25th August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18395 OF 2008 25th August, 2008.