Khaja Mohammed Ghouse, S/O.Mohd Omer, v. Greater Hyderabad Municipal Corporation, Rep. By Its

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.774 OF 2015 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the respondents in refusing to receive and process application for building permission to an extent of 720.00 Sq.Ys. in House bearing Municipal Nos.16-2-61/2, situated at Akberbagh, Malakpet, Hyderabad, as it is not accompanied with Town Survey Land Record Certificate (TSLR) and No Objection Certificate, as illegal and arbitrary and for a consequential direction to the respondents to receive and process the application for building permission without insisting for TSLR certificate and No Objection Certificate.

Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioner and Sri C.Damodar Reddy, learned Standing Counsel for the respondents.

The question involved in this writ petition is whether TSLR certificate and 'No Objection' certificate from the Revenue Authorities can be insisted upon by the respondents in order to receive the application for building permission being submitted by the petitioner. Both the counsel stated that this issue is covered by the Judgments of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District & another[1] and District Collector v. N.Krishna Mohan [2] and WP.No.32363 of 2011.

In view of the above decision, this writ petition is also disposed of directing the respondents-GHMC to take an appropriate decision on the

application made by the petitioner seeking permission to construct a building, in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955 and the Building Rules and Regulations made there under, without insisting for production of TSLR Certificate and 'No Objection' certificate from the Revenue authorities. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 22.01.2015 t k.

[1] 2001(3) ALT 200 [2] 2000 (3) ALT 525