HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.13442 of 2005 Date: December 10, 2009 Between: K. Narasimha Reddy, S/o. late K. Ram Reddy, Aged 61 years, Occ: Retd. Govt. Employee, R/o.H.No.11-13-1334, Margadarsi Colony, L.B. Nagar, Ranga Reddy District, and 5 others … Petitioners And State of Andhra Pradesh, rep. by its Secretary, Ministry of Municipal Administration, Secretariat Buildings, Hyderabad, and 2 others … Respondents Order: Petitioners seek a Writ of Mandamus declaring the action of the third respondent, Hyderabad Urban Development Authority, in insisting for No-objection Certificate from the second respondent, District Collector, Hyderabad and also clearance under urban land ceiling clearance from the competent authority for considering their application for change of land use with regard to the property covered by Municipal No.2-2-20/4, situated at Aziz Bagh, Amberpet, Hyderabad, admeasuring 794 Sq. yards, as illegal and arbitrary. Petitioners claim to have purchased the aforesaid property in the auction conducted by the Court of XIV Additional Chief Judge, City Civil Court, Hyderabad. It is stated that at the stage when they were planning to proceed with construction in the said premises, they found that the same is not in residential zone; as such, they approached the third respondent for change of land use to residential zone from special reservation zone. It is the grievance of the petitioners that third respondent is insisting on production of No-objection certificate from the District collector and also clearance from the competent authority with regard to urban land ceiling for grant of permission for change of land use in respect of the property in question. Though the writ petition is of the year 2005, no counter affidavit is filed. Heard learned counsel for petitioners and Sri M. Dhananjay Reddy, learned Standing Counsel for the third respondent. As per the provisions of Andhra Pradesh Urban Areas (Development) Act, 1975, and the rules made thereunder, the competent authority to order change of land use is the Government. When an application seeking change of land use is made, the Urban Development Authority receives the same and forwards it to the Government, along with its recommendations. However, there is no requirement of obtaining No-objection certificate from the District Collector. Further, land ceiling clearance is required only in cases where the extent of land exceeds the ceiling limit. In the instant case, the land in question admeasures only 794 Sq. yards; as such it is within the ceiling limit applicable to city of Hyderabad. Hence, in the absence of any requirement of obtaining No-objection certificate from the District Collector and when the property in question is within the ceiling limit, there is no reason for not considering the application of the petitioners on the afore-stated grounds. For the aforesaid reasons, the writ petition is disposed of directing the third respondent to consider the application of the petitioners for change of land use and forward the same to the competent authority under the Act without insisting for No- objection Certificate from the District Collector and also urban land ceiling clearance under Urban Land (Ceiling and Regulation) Act, 1976. However, it would be open to the third respondent to satisfy itself with regard to fulfillment of other conditions before considering the application of the petitioners. No costs. ___________________ R. SUBHASH REDDY, J December 10, 2009 MRR