THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.21026 of 2007 ORDER: In this Writ Petition, petitioner has questioned endorsement, dated 06.09.2007 in proceedings No.N2/4045/07 issued by the Joint Collector, Hyderabad (on behalf of No Objection Certificate Committee). The petitioner herein states that he is the owner and possessor of house property bearing No.1-7-931/1/1, admeasuring 91 sq.yards equivalent to 76 sq.meters, situated at Ramnagar, Hyderabad. He further states that he has acquired the property pursuant to a registered gift settlement deed executed by his mother. He also states that originally, his grand father was the owner of property and gifted the same to his mother by registered gift deed, dated 24.01.1995. It is the complaint of the petitioner that when he wanted to make new construction in the place of old house, the second respondent – Chief Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, insisted upon him to obtain No Objection Certificate from the revenue department. On the application submitted by him, the impugned endorsement is given based on the town survey records stating that the land covered by the premises in question belongs to the Government. It is the case of the petitioner that he has acquired title over the property by valid conveyance deed, as such, he cannot be deprived of the permission solely based on the impugned endorsement. Though the petitioner questioned endorsement, dated 06.09.2007 issued in proceedings No.N2/4045/07, in view of order passed by this Court in HYDERABAD POTTERIES PRIVATE LIMITED v. COLLECTOR, HYDERABAD DISTRICT AND ANOTHER[1], the municipal authorities cannot refuse building permission by insisting No Objection Certificate from the Collector. In the afore-cited judgment, this Court held that if an application is filed seeking building permission, it is obligatory on the part of the authorities of Municipal Corporation to consider the same with reference to the relevant documents filed along with the application and such application cannot be rejected by insisting No Objection Certificate from the Collector. In that view of the matter, as the petitioner is not insisting for grant of relief as prayed for in the Writ Petition and in view of the fact that his request for issuance of direction to the municipal authorities is now governed by the order of this Court as referred to above, the Writ Petition is disposed of directing that if the petitioner submits any application for grant of permission to make constructions, the second respondent has to consider the same independently based on the relevant documentary evidence that may be produced by him in proof of his title, and in accordance with law. It is made clear that such application cannot be considered solely based on the impugned endorsement. No order as to costs. ______________________ R.SUBHASH REDDY, J 2nd AUGUST, 2011. kvni [1] 2001(3) ALD 600