IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16424 of 2008 Between: Smt. Kavita Mamidi Malchizedak, W/o. Mamidi David Malchizedak, R/o. H.No.1-7-1022/9/20/A, Harinagar, Zemistanpur, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, rep by its Chief Commissioner, Tank Bund, Hyderabad. 2 The Assistant City Planner, Circle-9(Old Circle-3) Municipal Corporation of Hyderabad. Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction particularly one in the nature of a writ of Mandamus declaring the action of the respondents in insisting to produce No Objection Certificate and TSLR Certificate for receiving and consideration of application for building permission for construction of building in H.NO.1-7-1022/9/20/A, Harinagar, Zamistanpur, Hyderabad as illegal, arbitrary and violative of Principles of Natural Justice and consequently direct the respondents to receive and consider the application for building permission without insisting No Objection Certificate and TSLR Certificate. Counsel for the Petitioner: MR.K.CHIDAMBARAM Counsel for the Respondents: MR.R.RAMACHANDRA REDDY The Court made the following : ORDER: This writ petition has been filed by Smt.Kavita Mamidi Malchizedak assailing the action of the respondents in insisting ‘No Objection Certificate and TSLR Certificate’ for receiving building permission application for construction of house in the premises bearing No.1-7-1022/9/20/A, Harinagar, Zamistanpur, Hyderabad. 2. The petitioner purchased the premises bearing No.1-7- 1022/9/20/A, Harinagar, Zamistanpur, Hyderabad, under a registered sale deed dated 22.01.2008 from Smt.V.Jaya Sree and another through their General Power of Attorney Sri Mohd.Ahmed Khan. She got the property mutated in her name in the municipal records. She has been paying the house tax regularly to the Municipal Corporation. When she approached the respondents-Corporation to receive the application for construction of the building in the premises bearing No.1-7-1022/9/20/A, Harinagar, Zamistanpur, Hyderabad, they insisted ‘No Objection Certificate and T.S.L.R. Certificate’ from the revenue authorities. Hence, this writ petition. 3. When the writ petition came up for admission, Sri S. Ramachandra Reddy, learned Standing Counsel for the G.H.M.C. received notice on behalf of the respondents-Corporation. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents-Corporation. 5. The issue involved in this writ petition is no more res integra in view of the decision of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District[1] 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. 6. In view of the same, the writ petition is disposed of at the admission stage in terms of the said judgment. The respondents are directed to receive the application of the petitioner in respect of the premises bearing No.1-7-1022/9/20/A, Harinagar, Zamistanpur, Hyderabad, and consider the same without insisting on the ‘No Objection Certificate and TSLR Certificate’ and the respondents shall examine the application of the petitioner in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955, and the Rules framed thereunder. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:30th July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS} [1] 2001(3) ALD 600