IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3050 of 2009 Between: Smt. Shanti Damodar Prabhu, W/o. H. Damodar Prabhu, R/o. H.No. 3-4-817 Barkatpura, Hyderabad. ..... PETITIONER AND 1 Greater Municipal Corporation Hyderabad, Rep by its Special Officer & Commissioner, situated at BRK Bhavan, Tank Bund, Hyderabad. 2 Deputy Municipal Commissioenr of Hyderabad GHMC, Circle No. 9, Opp : GPO, Abids, 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 may be pleased to issue writ or order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, declaring the action of 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 of new house in the place of existing for grant of permission to make construction of new house in the place existing old house bearing municipal No. 3-4-817 situated over in an area of 160.25 s.yds. at Barkatpura, Hyderabad as illegal, arbitrary and consequentially direct the respondents to receive and consider the application of the petitioner without insisting upon the no objection certification from the District Collector, Hyderabad. Counsel for the Petitioner: MR. MOHAMMED RAFEEUDDIN AHMED Counsel for the Respondents: MR. R.RAMACHANDRA REDDY, SC The Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3050 of 2009 ORDER: This writ petition is filed assailing the action of the respondents in insisting for production of ‘No Objection Certificate’ from the District Collector for receiving and considering the application submitted by the petitioner for grant of permission to make construction of a new house in place of the existing house bearing municipal No.3-4-817 situated in an extent of 160.25 sq. yards at Barkatpura, Hyderabad. The petitioner claims to be the owner of the aforesaid house and it is her grievance that when she applied to the respondent Corporation for grant of permission to construct a new house by demolishing the existing house, the respondent authorities insisted for production of ‘No Objection Certificate’ from the District Collector, which, in fact, is not at all necessary. Today, when the matter came up for admission, learned counsel on either side agreed that the issue that arises for consideration in this writ petition is covered by a Judgment of this Court in Hyderabad Potteries Private Limited vs. Collector, Hyderabad District and Another[1]. Accordingly, following the aforesaid Judgment, the writ petition is disposed of directing the respondents to entertain the application of the petitioner for grant of building permission without insisting for production of ‘No Objection Certificate’ and pass orders in accordance with the provisions of Hyderabad Municipal Corporation Act and the Rules made thereunder. There shall be no order as to costs. _________________ JUSTICE N.V. RAMANA 18th February, 2009 IBL [1] 2001 (3) ALD 600