IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25785 of 2008 Between: 1 Syed Haseebuddin S/o. Syed Faqruddin R/o. H.o. 22-2-410/1, Noor Khan Bazar Hyderabad. 2 Naser Bin Jaffer S/o. Jaffer Bin Salam R/o. H.o. 22-2-800 Noor Khan Bazar Hyderabad. 3 Abood Bin Jaffer S/o. Jaffer Bin Salam R/o. H.o. 22-2-800 Noor Khan Bazar Hyderabad. ..... PETITIONERS AND 1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner, Having Office at Tank Bund Road, Hyderabad. 2 Greater Hyderabad Municipal Corporation Rep. by its Chief City Planner, Having office at Tank Bund Road, Hyderabad. 3 The District Collector Hyderabad District, Having its Office at Chirag Ali Lane, 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 will be pleased to issue a writ or direction more particularly one in the nature of writ of Mandamus directing the Respondents 1 and 2 to receive application, proposed layout plan and application of building permission and permit fee from the petitioners in order to sanction layout and building permission without insisting for No Objection Certificate from the 3rd respondent District Collector in the land admeasuring Ac 11.00 guntas under Sy.No. 103/11 situated at Bandlaguda, Hyderabad and consequently direct the respondents 1 and 2 immediately to receive the application for sanction of layout and building permission along with copies of proposed layout plan and permit fee from the petitioners without insisting for No Objection Certificate from the 3rd Respondent District Collector in the land admeasuring Ac 11.00 guntas under Sy.No. 103/11 situated at Bandlaguda, Hyderabad strictly in accordance with the provisions of Hyderabad Municipal Corporation Act 1955 and to pass Counsel for the Petitioner: MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25785 of 2008 ORDER: 1 Questioning the action of the first respondent in not receiving the application along with proposed plan submitted by the petitioner and not granting permission to the petitioner to construct the building, for want of no objection certificate from the second respondent, petitioner filed this Writ Petition. 2 When the matter is taken up for hearing, learned counsel for the petitioner and the learned Standing Counsel for the Greater Hyderabad Municipal Corporation have submitted that similar Writ Petitions have already been disposed of and this Writ Petition also can be disposed of by passing the same order. 3 In the light of the said consensus, this Writ Petition is disposed of at the stage of admission directing the respondents 1 and 2 to receive the building permission application of the petitioner without insisting for No objection Certificate. Whether the petitioner is entitled to the same or not is purely the prerogative of the respondents 1 and 2. However, after processing the application of the petitioner, the respondents shall pass appropriate orders in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955 and Building Bye-laws made therein, if the same is otherwise in order. However, the said exercise shall be done within a period of six weeks from today. No order as to costs. --------------- SRI T.G.K, J. 25.11.2008. Note: C.C. in two days B/o Kvsn