IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25458 of 2008 Between: Smt. V. Sita W/o. V. kondal Rao R/o. H.No. 18/1, Jagruthi Residency, East Marredpally, Secunderabad. ..... PETITIONER AND 1 Airports Authority of India National Airports Division Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi - 110 003. 2 The Airport Director Hyderabad Airport Begumpet, Hyderabad - 16. 3 Contonment Board Rep. by its C.E.O. Secunderabad. .....RESPONDENT(S) 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, order, or direction, more particularly one in the nature of writ of mandamus declaring the action of the second respondent in returning petitioner's application vide Letter No.AA1/HY/ATS/61/NOC/9/10668, dated 8-9-2008 as illegal, arbitrary and without jurisdiction and consequently direct the second respondent to issue NOC. Counsel for the Petitioner:SMT.D.PRAMADA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 2nd respondent-Airport Director in returning the petitioner’s application, vide letter dated 8.9.2008, as arbitrary and illegal, and a consequential direction to the 2nd respondent to issue No Objection Certificate. The petitioner asserts that she purchased a part of the land in Plot No.80 admeasuring 200 sq. yards in S.No.74/8 in Threemoorthy Weaker Section Cooperative Housing Society Limited, from one M.Sabitha Reddy. This area falls under the Air Funnel for landing of the Air Crafts at Begumpet. When the petitioner applied to the 3rd respondent- Cantonment Board for permission to make construction of ground floor, the Cantonment Board insisted her on producing No Objection Certificate from the 2nd respondent-Airport Director. When she applied for No Objection Certificate, the 2nd respondent returned her application endorsing that S.No.74 of Marredpally is recorded as Government Land as per Letter dated 16.1.2003 issued by the Joint Secretary to Government. It is further stated that a similarly situated person, whose land also falls in the same layout, filed W.P.No.9484 of 2007, and this Court, by its order dated 1.7.2007, directed the 2nd respondent-Airport Director to consider the application of the petitioner therein and pass appropriate orders. Now, the petitioner’s grievance is that in spite of the fact that there was a direction to the 2nd respondent in similar matter, the 2nd respondent has returned her application by his letter, dated 8.9.2008. Heard the learned counsel for both the parties and perused the material placed on record. When a similar matter in W.P.No.9484 of 2007 came up before this Court, a learned single Judge directed the petitioner therein to resubmit the application with all the relevant documents and the 2nd respondent- Airport Director was further directed to consider the same in accordance with law and pass appropriate orders. As the facts of that case are similar to those of this writ petition, this Court is inclined to dispose of the writ petition with the following direction: “The impugned order dated 8.9.2008 passed by the 2nd respondent-Airport Director is hereby set aside, and the writ petitioner is directed to resubmit her application with all the relevant documents, in which event, the 2nd respondent-Airport Director shall consider it and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of four weeks from today. In terms of the above direction, this writ petition is disposed of at the admission state. No costs. _______________ 28.11.2008 bcj