THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 25170 of 2010 O R D E R: This Writ Petition has been instituted seeking a writ of mandamus to compel the respondents to receive and process the application of the writ petitioners seeking permission for construction of a building at premises bearing No. 3-2-203 situate at Kachiguda, Hyderabad. The writ petitioners complain that the respondents are not entertaining the applications seeking permission for construction of building, unless they are accompanied by Town Survey Land Record Certificate and ‘No Objection Certificate’ from the Collector/Joint Collector of the District. Every person, who intends to erect a building, is required to give a notice to the Commissioner about his said intention in a form, obtained for this purpose under Section 435 of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’), specifying the position of the building intended to be erected, the description of building, the purpose for which it is intended, its dimensions and the name of the person whom he intends to employ to supervise its erection. This is the requirement of law in terms of Section 428 of the Act. Section 429 of the Act mandates that within 30 days after the receipt of any such notice issued under Section 428, the Commissioner may, by written notice, require such a person to furnish certain documents, details of which have been specified in clauses (a), (aa), (b), (c) and (d) of the said Section. Therefore, the respondents are duty-bound to entertain any such application tendered by any prospective builder/applicant and such application is bound to be processed, within 30 days time specified in Section 429 of the Act. There cannot be any refusal on the part of the respondents to receive the application, submitted in terms of Section 428 of the Act. The Writ Petition is therefore, allowed at the admission stage and with the consent of the learned Standing Counsel, Sri R. Ramachandra Reddy, giving directions to the respondents to entertain the application of the writ petitioners and not to decline to process or deal with the same. It is perfectly legitimate for the Commissioner to seek the information as is required by him, in terms of Section 429 of the Act and then pass appropriate orders either sanctioning or rejecting the permission sought for. The petitioners shall send the application seeking permission for construction of the building by registered post, if the respondents decline to receive the same across the counter. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 6th October 2010 ksld