IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELVETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11473 of 2009 Between: Sri R. Dharmendra Nath, S/o. R. Kashi Nath, R/o. H.No. 1-8-93, Chikkadapally, Hyderabad. ..... PETITIONER AND The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. .....RESPONDENT 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 an appropriate writ, order or direction, more in the nature of Mandamus, declaring the action of the respondent in insisting for production of "No Objection Certificate" from the District Collector for receiving and considering the application for grant of permission to make construction in Municipal House bearing No. 1-8- 93 Chikkadpally, Hyderabad, as illegal, arbitrary, high handed and consequently direct the respondent to receive and consider the application of the petitioner for sanction plan without upon the submission of "No Objection Certificate" from the District Collector and pass Counsel for the Petitioner:MR.S.ABHAYA KUMAR SAGAR Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11473 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondent-Commissioner, Greater Hyderabad Municipal Corporation in insisting on production of “No Objection Certificate” from the District Collector for receiving and considering the petitioner’s application for grant of permission to make construction in Municipal House bearing No.1-8-93, Chikkadapalli, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as Sri R.Ramachandra Reddy for the respondent- Corporation. The question raised in this writ petition is no longer res integra. This Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District and another[1] and District Collector v. N.Krishna Mohan[2], having considered an identical question held that the authority cannot refuse to receive the building permission application on the ground of not furnishing “No Objection Certificate” from the Revenue Authorities. In the light of the ratio laid down in the above decision, the present writ petition is disposed of with a direction to the respondent to consider the application made by the petitioner seeking permission to construct a building in accordance with the provisions of the Hyderabad Municipal Corporation Act and the Rules made thereunder without insisting on production of “No Objection Certificate” from the District Collector. Writ Petition is accordingly disposed of. No costs. _______________ Justice G. Rohini Dt.12.06.2009 mrb [1] 2001 (3) ALT 200 [2] 2000 (3) ALT 225