Jugal Kishore Attal S/O Late Bansilal Attal, v. The State Of Telengana

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.1897 OF 2015 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the respondents in asking the petitioner to produce 'No Objection Certificate' from the District Collector, Hyderabad for granting permission for construction of a house bearing Municipal No.20-1576/1/C, admeasuring 300 sq.ys., situated at Bahrupriya Street, Inside Puranapul, Hyderabad, as illegal and arbitrary and for a consequential direction to the 2nd and 3rd respondents to consider the petitioner's request for building permission without insisting upon 'NOC'. Heard learned counsel for the petitioner and Sri C.Damodar Reddy, learned Standing Counsel for the respondents 2 and 3.

The question involved in this writ petition is whether 'No Objection' certificate from the Revenue Authorities can be insisted upon by the respondents in order to receive the application seeking permission for constructing a house 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 house, 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 '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 04.02.2015 t k.

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