IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26475 of 2008 Between: P.Prithviraj S/o.late Chittaraih, H.No.1-7-507/7/1, Flat No. 410, Laxmi Towers, Bakaram, Musheerabad, Hyderabad. ..... PETITIONER AND 1 The Commissioner & Special Officer Town Planning Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. 2 The Deputy Commissioner, Circle No.3 Abids, Greater Hyderabad Municipal Corporation, Hyderabad. 3 The District Collector, Hyderabad District, Nampally Station Road, 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 a Writ or direction more particularly one in the nature of Writ of Mandamus directing the 2nd respondent to receive the application with proposed plan and permit fee from the petitioner and to issue construction permit without insisting for No Objection Certificate from the 3rd respondent to enable the petitioner to raise construction on the land admeasuring 750 sq. yds bearing in premises No. 1-2-234/13/46/6 part in Survey No. 186/1 at Gagan Mahal, Domalguda Village, Hyderabad and consequently direct the 2nd respondent immediately to receive the application for construction along with copies of proposed plan and permit fee from the petitioner and issue construction permit to the petitioner in respect of land admeasuring 750 sq. yds bearing in premises No. 1-2- 234/13/46/6 part in Survey No. 186/1 at Gagan Mahal, Domalguda Village, Hyderabad. Counsel for the Petitioner: MR.M.R.HARSHA Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R:- This writ petition is filed seeking a direction to the 2nd respondent- Deputy Commissioner to receive the application with proposed plan and permit fee from the petitioner and issue construction permit without insisting on No Objection Certificate from the 3rd respondent as so to enable the petitioner to raise construction on his land admeasuring 750 square yards in S.No.186/1 situated at Gagan Mahal, Domalguda village, Hyderabad. The petitioner asserts that he is the owner of an extent of 1337 sq. yards of land in S.No.186/1 situated at Gagan Mahal, Indira Park Road, Domalguda, Hyderabad. Now, the main grievance of the petitioner is that when he submitted an application along with necessary plan and permit fee to the 1st and 2nd respondents, seeking permission for construction of residential-cum-commercial apartment in an extent of 750 sq. yards out of the total 1337 sq. yards of land, they insisted him on producing No Objection Certificate from the 3rd respondent, who refused to issue No Objection Certificate. Heard the learned counsel for both the parties and perused the material placed on record. When this matter is taken up for hearing, the learned counsel for the petitioner has drawn my attention to a judgment of this Court reported i n C.Mahendranath Vs. Commissioner and Special Officer Town Planning Etc[1]. and requested this Court to pass a similar order. The learned standing counsel for Greater Hyderabad Municipal Corporation has submitted that the Corporation has no objection if similar order is passed. In the light of the consensus between the parties, this Court is inclined to dispose of the writ petition with the following direction: “The 1st and 2nd respondents are directed to receive the building permission application of the petitioner without insisting on “No Objection Certificate. It is made clear that this Court has not expressed anything on the merits of the claim of the petitioner. It is left open for respondents 1 and 2 to process the petitioner’s application if the same is otherwise in order as per the provisions of the Hyderabad Municipal Corporation Act, 1955 and Building Bye-laws made therein”. In terms of the above direction this writ petition is disposed of at the admission stage. No order as to costs. ______________ 04.12.2008 Note: Furnish copy by Monday B/o bcj [1] 2008(5) ALD 724