Telangana High Court

WP/16223/2003 of Smt.Zareena, Vs The State of Andhra Pradesh, on 29 December 2011

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Ms. JUSTICE G. ROHINI WRIT PETITION No.16223 OF 2003 Dated: 29.12.2011 Between : Smt. Zareena … Petitioner And The State of A.P. and 3 others … Respondents The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.16223 OF 2003 O R D E R: This

THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No.16223 OF 2003

Between :Smt. Zareena

Dated: 29.12.2011

… Petitioner

AndThe State of A.P. and 3 others

… Respondents

The Court made the following:-

THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No.16223 OF 2003

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O R D E R:

This writ petition is filed seeking a declaration that the memodated 04.03.2003 issued by the 1[st] respondent rejecting thepetitioner’s request for ‘No Objection Certificate’ in respect of herPremises No.11-2-555 and 557, Agapura on the ground that the saidland is recorded as Government land in TSLR, is arbitrary and illegal.

I have heard the learned counsel for both the parties.

The question raised in this Writ Petition is no longer res integra. This Court in Hyderabad Potteries Private Limited V. Collector,Hyderabad District and another[[1]]and District Collector V.

N.Krishna Mohan[[2]], having considered an identical question, heldthat the authority cannot refuse to receive the building permissionapplication on the ground of not furnishing T.S.L.R Certificate and ‘NoObjection Certificate’ from the Revenue Authorities.

In the light of the ratio laid down in the above decisions, thepresent writ petition is disposed of with a direction to the 1[st]respondent to consider the application made by the petitioner seekingpermission to construct a building in accordance with the provisions ofthe Hyderabad Municipal Corporation Act, 1955, and the Rules madethereunder, without insisting on production of T.S.L.R Certificate and‘No Objection Certificate’ from the Revenue Authorities.

Accordingly, the Writ Petition is disposed of. No costs.

___________

G. ROHINI, J

Date: 29.12.2011Ivd

[1]2001(3) ALT 200[2]2000(3) ALT 225

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