Telangana High Court

WP/26638/2006 of Dr.M.V.Sridhar Vs Municipal Corporation of Hyderabad,rep.by its on 22 December 2006

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SRI JUSTICE P.S.NARAYANA WRIT PETITION No.26638 of 2006 DATED: 22.12.2006 Between: Dr.M.V. Sridhar, s/o. late M.Subhash. … Petitioner and The Municipal Corporation of Hyderabad rep. by its Commissioner and another ...Respondents THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT

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THE HON’BLE SRI JUSTICE P.S.NARAYANA

WRIT PETITION No.26638 of 2006

DATED: 22.12.2006

Between:

Dr.M.V. Sridhar, s/o. late M.Subhash.

and

…

Petitioner

The Municipal Corporation of Hyderabadrep. by its Commissioner and another

...Respondents

THE HON’BLE SRI JUSTICE P.S.NARAYANA

WRIT PETITION No.26638 of 2006

ORDER:

The matter is coming up for admission. Heard Sri HarenderPrasad, learned counsel representing the Writ Petitioner and Smt.G.Jyothi Kiran, learned Standing Counsel representing respondentNos.1 and 2.

The Writ Petition is filed for a Writ of Mandamus declaring theaction of respondents in not issuing the building permission in respectof premises bearing Municipal No.8-2-293/174/1/6/A on plot No.6admeasuring 400 Sq. Yards or 334.45 Sq. Meters forming part ofSy.No.129/82 and 129/82, situated at B.N.Reddy Nagar, Road No.14,Banjara Hills, Hyderabad, and also directing the petitioner to furnish‘No Objection Certificate’ after obtaining the same from Joint Collector, Hyderabad, as arbitrary, illegal and violative of Article 14, 21, 300-A ofthe Constitution of India and principles of Natural Justice, andconsequently, direct the respondents authority to process and issuethe building permission in respect of Municipal No.8-2-293/174/1/6/Aon plot No.6 admeasuring 400 Sq. Yards or 334.45 Sq. Meters formingpart of Sy.No.129/82 and 129/83, situated at B.N.Reddy Nagar, RoadNo.14, Banjara Hills, Hyderabad, and to pass such other suitableorders.

It is stated that the petitioner purchased house property bearingMunicipal No. 8-2-293/174/1/6/A on plot No.6 admeasuring 400 Sq.Yards or 334.45 Sq. Meters forming part of Sy.No.129/82 and 129/38,situated at B.N. Reddy Nagar, Road No.14, Banjara Hills, Hyderabad,under a registered sale deed bearing document No. 4525/2005,dated:23-11-2005.

It is also stated that the petitioner intended to demolish/re-construct/alter the said house property, for which, he applied to therespondents-Corporation vide building permission application formNo.432, dated 12.12.2006. It is also stated that the respondents areinsisting the petitioner for production of ‘No Objection Certificate’ fromthe Joint Collector, Hyderabad.

Several other facts are narrated in detail, however, they need notbe dealt with. It is needless to say that this Court repeatedly held thatthe respondents cannot insist on the production of ‘No ObjectionCertificate’ from Revenue Authorities.

In view of the same, the Writ Petition is disposed of directingthe respondents to consider the application of the petitioner forbuilding permission in relation to the subject matter of the Writ Petition,without insisting upon for the production of ‘No Objection Certificate’from Joint Collector, Hyderabad, in accordance with law, within a period of four weeks from the date of receipt of a copy of this Order.

With the above direction, the Writ Petition is disposed of. Noorder as to costs.

Dt:22.12.2006vv/bsb

__________________

(P.S.NARAYANA, J)

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