HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.7087 of 2010 30th March 2010 Between: Tulasiram and another … PETITIONER(S) and Greater Hyderabad Municipal Corporation, rep. by its Special Officer & Commissioner, situated at BRK Bhavan, Tank Bund, Hyderabad and another … RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.7087 of 2010 ORDER: Heard Sri Mohd. Rafeeuddin Ahmed, Learned counsel for the petitioners and Sri R.Ramachandra Reddy, learned Standing Counsel for the respondent-Corporation. At their request the Writ Petition is being disposed of at the stage of admission. Petitioners herein claim to be owners and to be in possession of the residential house bearing municipal no.10-5-720/A&B on Plot Nos.B45 & B46, in Sy.Nos.844/4 & 844/13 situated over an area of 329.02 sq. yards at Sainagar, Thukaram Gate, Secunderabad, having purchased it through registered sale deed nos.109/1999 dated 22.01.1999, 123/1999 dated 22.01.1999 and 1258/2001 dated 25.06.2001 from the earlier owners. It is their case that their names were also mutated in the revenue records and that they are paying taxes regularly. With a view to construct a new house, in the place of the existing old house, the petitioners claim to have prepared plans for construction of Ground plus two floors and to have submitted it to the 2nd respondent who insisted on the production of a “No Objection Certificate” from the office of the District Collector certifying that the government had no concern over the property. The petitioners grievance is that when they tried to explain by way of an application, that the residential house was a old one which was in existence for the last more than 40 years, the 2nd respondent was refusing to receive the application orally stating that unless they produce the certificate from the District Collector, Hyderabad, they were not going to entertain the application for grant of permission for the proposed construction. Both counsel would agree that the subject matter of this Writ Petition is covered by a judgment of this Court in HYDERABAD POTTERIES PRIVATE LIMITED vs. COLLECTOR, HYDERABAD DISTRICT AND ANOTHER[1]. Following the said judgment, this Writ Petition is also disposed of directing the respondents to consider the petitioners application for grant of permission without insisting on production of a “No Objection Certificate” from the District Collector. The application submitted by the petitioner shall be considered in accordance with the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, the Rules and Regulations made thereunder, the building bye-laws and any other statutory provisions which requires adherence to for grant of permission for reconstruction of the building in question. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 30th March 2010 CVRK/asp [1] 2001 (3) ALD 600