IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12508 of 2009 Between: K.Eshwaraiah S/o. Late Sambaiah R/o.H.No.12-14-116 to 121 Lalapet, Secunderabad .... 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 a writ order or direction more particularly one in the nature of writ 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 as illegal, arbitrary, highhanded and consequently direct the respondent to receive and consider the application of the petitioner for sanctioned plan sought to be constructed in an extent of 242 sq. yards at premises No.12-14-116 to 121 Lalapet, Secunderabad without insisting upon the submission of "No Objection Certificate" from the District collector and pass such other order or orders as are deemed fit and proper. Counsel for the Petitioner: MR.S.ABHAYA KUMAR SAGAR Counsel for the Respondent: R.RAMACHANDRA REDDY, SC FOR MCH The Court made the following: THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12508 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondent-Commissioner, Greater Hyderabad Municipal Corporation in insisting upon 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 an extent of 242 square yards at premises bearing No.12-14-116 to 121, Lalapet, Secunderabad, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as Sri R.Ramachandra Reddy, learned Standing Counsel appearing 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 upon production of “No Objection Certificate” from the District Collector. The Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J Dt.26.06.2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12508 of 2009 DATED : 26-06-2009 [1] 2001 (3) ALT 200 [2] 2000 (3) ALT 225