IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27367 of 2008 Between: Mohd Nawaz Hussain S/o.Mohd Abbas Hussain H.No.17-8-419/E/81 Bagh-e-Jahan Ara,Hyderabad ..... PETITIONER AND The Joint Collector Hyderbad District Nampally Station Road Hyderabad .....RESPONDENTS 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 any writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in not receiving the application submitted by the petitioner on 27-11-2008 for construction of building in respect of property bearing Mpl H.No.18-8-221/10/1 Riyasath Nagar Hyderabad act 1955 and also in violation of principles of Articles 14 and 21and 300A of constitution of India and also in violation of principles of natural justice and consequently not to insist the petitioner for submission of NOC. Counsel for the Petitioner:MR.M.A.K.MUKHEED Counsel for the Respondent: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: This writ petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, the petitioner herein pray that this Hon’ble Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not receiving the application submitted by the petitioner on 27.11.2008 for construction of building in respect of property bearing Mpl H.No.18-8-221/10/1 Riyasath Nagar Hyderabad admeasuring 533 sq.yards as illegal, arbitray and contrary to the HMC Act 1955 and also in violation of principles of Articles 14 and 21and 300A of constitution of India and also in violation of principles of natural justice and consequently not to insist the petitioner for submission of NOC.” In similar circumstances, in Hyderabad Potteries Private Limited, v. Collector, Hyderabad District[1], this Court has already held that the production of No Objection Certificate is not necessary for construction of a building. In the light of the said judgment, this Court is of the view that the writ petition can be disposed of by directing the second respondent to receive the application said to have been submitted by the petitioner on 27.11.2008 for construction of building in property bearing Municipal House No.18-8-221/10/1, situated at Riyasath Nagar, Hyderabad, admeasuring 533 square yards, without insisting for production of No Objection Certificate. The Writ Petition is accordingly disposed of at the stage of admission. No costs. ________________________ GOPALA KRISHNA TAMADA, J Dated:17.12.2008 GJ [1] 2001 (3) ALD 600