IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.26423 of 2010 Between: Hameduddin Ahmed and another … Petitioners And Greater Hyderabad Municipal Corporation, and another. … Respondents THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.26423 of 2010 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the respondents in refusing to consider the petitioners application for building permission for construction of building bearing Municipal No.16-9-406/A/93/1/A, situated at Old Malakpet Hyderabad as it is not accompanied with No Objection Certificate issued by the District Collector, Hyderabad as illegal, arbitrary and violative of principles of natural justice. The case of the petitioners is that they are the joint absolute owners and possessor of undivided 1/5th share of the house bearing Municipal No.16-9-406/A/93/1/A, admeasuring 240 square yards, situated at Old malakpet, Hyderabad. After the death of their mother, the said property has been devolved upon them and they became the absolute owners and possessors of the subject property. The respondent Corporation also issued proceedings dated 11.10.2010 duly mutating the subject property on their names. It is also submitted that when the petitioners approached the 2nd respondent to submit an application for grant of permission for construction of building, enclosing all the relevant documents, the 2nd respondent refused to consider the same on the ground that the petitioners have not enclosed No Objection Certificated issued by the District Collector in fact, the same is not compulsory. Hence, the present writ petition. The learned counsel for the petitioners submits that for the purpose of granting permission for construction of building, production of No Objection Certificate from the District Collector is not compulsory and the same has been held in number judgments for which, he placed a copy of the order passed in W.P. No.20202 of 2006 on 27.09.2006 by this Court. Heard the learned counsel and perused the material on record. The main grievance of the petitioners is that though No Objection Certificate from the District Collector is not compulsory, the respondent authorities are not considering the application of the petitioners for granting permission for construction of building and they are insisting for production of No Objection Certificate. The learned counsel for the petitioners placed a copy of the order passed in W.P. No.20202 of 2006 by this Court, operative portion of which reads as under: “Accordingly the Writ Petition is disposed of directing the respondents to consider the application of the petitioner for building permission for construction of building in the subject matter of the Writ Petition without insisting upon the production of No Objection Certificate from the revenue authorities and the petitioner also to satisfy the respondent-Corporation with the other conditions on production of necessary records. However, it is made clear that the entries in TSLR alone cannot be the criteria provided the petitioner is able to satisfy the respondents by production of all the other satisfactory material. No costs.” As the grievance of the petitioners is only that the respondent authorities are not considering their application for granting permission for construction of building and they are insisting the petitioners for production of No Objection Certificate from the District Collector. The learned counsel for the petitioners placed a copy of the order passed by this Court referred to above wherein the subject matter of this writ petition is covered. Therefore, I am of the view that this writ petition can be disposed of following the said judgment. Accordingly, having regard to the facts and circumstances of the case and the submissions made by the learned counsel and following the judgment referred to above, the respondents are directed to consider the application of the petitioners for granting building permission for construction of building in the subject matter of this writ petition without insisting the petitioners for production of No Objection Certificate from the revenue authorities/District Collector and the petitioners also to satisfy the respondent-Corporation with the other conditions on production of necessary records. In the result, this writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 28.12.2010 LSK