IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23716 of 2008 Between: Poluru Chandra Mouli Reddy S/o. K.P.Yella Nagi Reddy R/o. Door No. 40/440-13, Bhaskar Nagar, Kurnool, Kurnool District. ..... PETITIONER AND Municipal Corporation of Kurnool, rep. by its Commissioner, Kurnool, Kurnool District. .....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 a writ of Mandamus or any other appropriate Writ, order or orders, direction or directions to declare the action of the Respondent in withholding the application of the petitioner seeking permission for construction of a residential house in of Block No.4, admeasuring 25.69 Cents in Survey No. 746/B1 and 747/1-A-3, Gayatri Estates, Gooti Road, Kurnool District vide letter dated 30.9.2008 for want of No Objection Certiﬁcate from the Revenue Authorities as arbitrary, illegal, unconstitutional and to issue a consequential direction to the Respondent to issue the Construction permission in accordance with the Building Bylaws without insisting for the N.O.C., from the Revenue Authorities and pass such other order or orders. Counsel for the Petitioner: MR.V.SRINIVAS Counsel for the Respondent No.: MR.A.SREEDHAR The Court made the following : ORDER This writ petition has been ﬁled by Poluru Chandra Mouli Reddy with a prayer to issue a writ of Mandamus declaring the action of the respondent in withholding his application seeking permission for construction of a residential house in Block No.4, admeasuring 25.69 cents in Sy. No.746/B1 and 747/1-A-3, Gayatri Estates, Gooti Road, Kurnool District for want of ‘No Objection Certiﬁcate’ from the Revenue authorities as arbitrary and illegal. The petitioner claims to have purchased Ac.25.69 cents in Block No.4, comprising Sy. Nos.746/B1 and 747/1-A-3, Gayatri Estates, Gooti Road, Kurnool District under a registered sale deed dated 9.12.1991 from M/s.Tungabhadra Industries. He submitted an application dated 16.09.2008 in prescribed pro-forma to the respondent-Corporation for building permission. He paid necessary fees and charges. Thereafter, the respondent addressed a letter to the District Collector seeking ‘No Objection Certiﬁcate’ for taking further action. The respondent kept the application of the petitioner pending without passing any orders. Hence, the writ petition with the prayer stated supra. When the writ petition came up for admission, Sri A.Sreedhar, learned standing counsel of Kurnool Municipal Corporation received notice on behalf the respondent. Learned counsel appearing for the petitioner submits that the issue involved in this writ petition is squarely covered by a Judgment of this Court in W.P.No.1831 of 2006 dated 24.3.2006 (M.Nagasayana Rao vs., Municipal Corporation of Kurnool and another) wherein it has been held as hereunder: “It is further brought to the notice of this Court that this Court in Hyderabad Potteries Private Limited Vs. District Collector, Hyderabad [1] directed the Municipal Corporation of Kurnool to consider the application of the petitioner therein without insisting upon production of ‘No Objection Certificate’ from the District Collector. Having regard to the facts and circumstances of the case, the first respondent is directed to consider and dispose of the application dated 27.11.2004 seeking permission for construction of residential house in plot No.10 of the aforesaid lay out in accordance with law without insisting upon No Objection Certificate from the second respondent.” This factual aspect has not been contradicted by the learned standing counsel appearing on behalf of the respondent. In that view of the matter, the writ petition is disposed of directing the respondent to dispose of the representation dated 16.09.2008 of the petitioner without insisting upon ‘No Objection Certiﬁcate’ from the District Collector. No costs. __________ 10-11-2008 Note: Issue CC by one week. (B.O) rkk [1] 2001 (3) ALD 600