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High Court for State of TelanganaWP/36363/2017disposed of no costs

Mohd Abdul Naveed Hyderabad And 3 Others v. The State Of Telangana Prl,Secy,Municipal Admiand 2 Others

2018-04-23A Ramalingeswara Rao3 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.36363 of 2017 ORDER:

This Writ Petition is filed seeking the following relief: "to issue a Writ of Mandamus or any other appropriate writ order or orders and (a) By declaring the action of the Respondents in not accepting the application for the construction of building in respect of the Petitioners Property bearing No 3-4-324 to 321 and 3-4-153 to 157 admeasuring 1508.57 sq yards, situated at Barkatpura Lingampally, Hyderabad, without NOC from the District Collector, Hyderabad, as illegal, arbitrary, improper and unconstitutional (b)To direct the Respondent to forthwith receive petitioners' application for construction of building under Section 428 of HMC Act in respect of their Premises bearing No 3-4-324 to and 3-4-153 to admeasuring 1508.57 sq yards, situated at Barkatpura, Lingampally, Hyderabad, without insisting for NOC of District Collector, Hyderabad."

2.

When the Writ Petition was taken up for consideration, learned counsel for the respondents raised an objection that the petitioners' have not submitted the application through on-line. Now, learned counsel for petitioners filed a copy of the application submitted on-line and states that the application is not going to be considered without producing No Objection Certificate. 3.

The issue raised in this writ petition is squarely covered by the order passed by this Court on 22.04.2010, in W.P.No.9151 of 2010.

4.

Following the said order, this Writ Petition is also disposed of directing the respondents to receive petitioners' application for grant of building permission, without insisting upon production of

No Objection Certificate from the District Collector/revenue authorities. The application of petitioners' for building permission shall be processed strictly in accordance with the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, the rules and the building bye-laws made thereunder.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________________ A.RAMALINGESWARA RAO, J APRIL 23, 2018 YVL

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.36363 of 2017 Date:23.04.2018 YVL