Telangana High Court

WP/19256/2010 of Sri Desetty Irgadendla Narsimha Vs The Commissioner on 30 December 2010

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SRI JUSTICE NOUSHAD ALI WRIT PETITION NO.19256 OF 2010 Between : Sri Desetty Irgadendla Narsimha S/o. D. Yellaiah, R/o: 1-8-510/27, L B S Nagar, Pattigadda, Secunderabad. …... PETITIONER And 1. The Commissioner, GHMC, Tankbund Road, Hyderabad, and others. …....RESPONDENTS

THE HON’BLE SRI JUSTICE NOUSHAD ALI

WRIT PETITION NO.19256 OF 2010

Between :

Sri Desetty Irgadendla NarsimhaS/o. D. Yellaiah, R/o: 1-8-510/27, L B S Nagar,Pattigadda, Secunderabad.

…... PETITIONER

And

1. The Commissioner, GHMC, Tankbund Road, Hyderabad, andothers.others.

…....RESPONDENTS

Counsel for the petitioner: Sri M.A.K. Mukheed Counsel for the respondent Nos.1 to 3: Sri C. Damodar Reddy Counsel for the respondent No.4: G.P. for Revenue The Court made the following.

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ORDER:

Heard Sri M.A.K. Mukheed, learned counsel for the petitionerand Sri C. Damodar Reddy learned Standing Counsel for respondents1 to 3.

The petitioner claims to be the absolute owner and possessor ofthe house bearing H.No.1-10-72/5/E, situated at Cheekoti Gardens,Begumpet, Secunderabad. He has filed this writ petition to declare theaction of the respondent No.3, viz., the Assistant City Planner, CircleNo.9, GHMC, Hyderabad in insisting upon the petitioner to produce NoObjection Certificate from the 4[th] respondent – the Collector, RangaReddy District and thereby refusing to receive his application dated15.07.2010 for construction of building on the said premises.

Both learned counsel for the petitioner and learned StandingCounsel would submit that this Court in similar matter inW.P.No.19310 of 2010 dated 6.08.2010 passed orders directing the1[st] respondent to consider the application made by the petitioner forconstruction in accordance with the provisions of the GreaterHyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) andthe Rules made thereunder, without insisting on production of NoObjection Certificate.

In view of the said submission, this writ petition is also disposedof with a direction to the 1[st] respondent to consider the application ofthe petitioner dated 15.07.2010 for construction of building on thepremises bearing H.No.1-10-72/5/E situated at Cheekoti Gardens,Begumpet, Secunderabad, in accordance with the provisions of theAct and the Rules made thereunder, without insisting on production ofNo Objection Certificate from the 4[th] respondent, viz., the Collector,Ranga Reddy District.

The writ petition is accordingly disposed of. There shall be noorder as to costs.

30[th] December, 2010Js.

________________NOUSHAD ALI, J.

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