Bethu Appa Rao And 5 Others v. Greater Hyderabad Municipal Corporation And 2 Others

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.27964 of 2019 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the 2nd respondent in insisting the petitioners to submit 'No Objection Certificate' from the Revenue Department for processing their building permission application in respect of their plot vide Shortfall letter, dated 20.11.2019, as arbitrary and illegal and consequently direct respondent Nos.1 and 2 to consider the petitioners' application, dated 12.11.2019, without insisting 'No Objection Certificate' from the Revenue Authorities, in respect of their Plot No.74 in Sy.No.44/4, (old Sy.No.44), B.K.Enclave, Maktha Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District. 2.

Heard the learned counsel for the petitioners and Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondents 1 and 2.

3.

It is represented by learned counsel for the petitioners as well as learned Standing Counsel for respondents 1 and 2 that the issue involved in this writ petition is squarely covered by the common order of this Court, dated 06.08.2019, in W.P.No.12013 of 2019 and Batch.

4.

In view of the same and for the reasons stated in the said common order, this Writ Petition is also disposed of directing the respondent Corporation to process the building permission application submitted by the petitioners, without insisting for securing NOCs from the Revenue Department, if basis of such

mandate by the GHMC was on the ground that survey No.44/4 of Maktha, Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District, is included in the Gazette Publication of Ranga Reddy District, dated 26.09.2013. If there is any other objection for granting building permission, the same shall be informed to the petitioners. There shall be no order as to costs.

5.

Registry is directed to annex a copy of common order, dated 06.08.2019, passed in W.P.No.12013 of 2019 and Batch to this order.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________________ T.AMARNATH GOUD, J 18th December, 2019 YVL

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.27964 of 2019 Date:18.12.2019 YVL