Nayant M. Savani And Ano. v. Prl. Secy., Rev. Dept. And 2 ORS.

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.15646 of 2017 ORDER :

Heard the counsel for petitioners, the learned Government Pleader for Revenue for respondent nos.1 and 2, and Sri N. Ashok Kumar, learned Standing Counsel for Greater Hyderabad Municipal Corporation, for 3rd respondent.

2.

In this Writ Petition, the petitioners question the order dt.01.04.2017 passed by the 2nd respondent rejecting 'No Objection Certificate' to petitioners for obtaining construction permission from the Greater Hyderabad Municipal Corporation (3rd respondent). 3.

The counsel for petitioners contend that as per Law declared by this Court in Hyderabad Potteries Pvt. Ltd. Vs. Collector, Hyderabad District and another1 there is no necessity to obtain any 'No Objection Certificate' from the Revenue Officials as a condition precedent for applying for permission to the Greater Hyderabad Municipal Corporation.

4.

This legal position is not disputed by the learned Government Pleader for Revenue, appearing for respondent nos.1 and 2, as well as Sri N. Ashok Kumar, counsel appearing for 3rd respondent. 5.

Therefore, the impugned endorsement dt.01.04.2017 passed by the 2nd respondent is declared as without jurisdiction, null and void; 1 2001 (3) ALD 600

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and the 3rd respondent shall not insist on petitioners' obtaining any 'No Objection Certificate' from respondent nos.1 and 2 for considering petitioners' application for grant of building permission. 6.

Accordingly, the Writ Petition is allowed with the above directions. No order as to costs.

7.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 20.12.2017 Ndr/*