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Rafathullah Vs Commissioner, Greater Hyderabad Municipal Corporation

Case No: Writ Petition No. 12513 of 2008

Date of Decision: June 20, 2008

Citation: (2008) 5 ALT 604

Hon'ble Judges: B. Seshasayana Reddy, J

Bench: Single Bench

Advocate: Shafath Ahmed Khan, for the Appellant; R. Ramachandra Reddy, for the Respondent

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Judgement

@JUDGMENTTAG-ORDER

B. Seshasayana Reddy, J.@mdashThis writ petition has been filed by Rafathullah with a prayer to issue a writ, order or direction, more

particularly, one in the nature of writ of Mandamus declaring the action of the Commissioner, Greater Hyderabad Municipal Corporation,

Hyderabad-respondent in insisting the petitioner to produce ''no objection certificate/ TSLR'' from the District Collector, Hyderabad, for grant of

permission to make construction, as illegal and arbitrary.

2. The petitioner is owner and possessor of the house bearing H. No. 2-3-692/1/8/1/A, situated at Durga Nagar, Amberpet, Hyderabad, in an

extent of 300 sq. yards, having purchased the same under a registered sale deed, dated 07.02.2007. He submitted an application on 15.05.2008

to the respondent-Corporation seeking building permission along with plan. The concerned officials of the respondent-Corporation have refused to

receive the application and directed him to furnish ''No Objection Certificate/TSLR'' original from the District Collector, Hyderabad. Hence, this

writ petition.

3. Learned Standing Counsel appearing for the respondent-Corporation takes notice on behalf of the respondent-Corporation.

4. Heard learned Counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent-Corporation.

5. Learned Counsel for both the parties submit that the issue involved in this writ petition is squarely covered by the decisions of this Court in

District Collector, Hyderabad and another Vs. N. Krishna Mohan and others, and B. Murali v. Commissioner, Municipal Corporation of

Hyderabad 2000 (6) ALT 198, wherein it has been held that the ''No objection certificate/TSLR'' from the revenue authorities cannot be insisted

upon for grant of building permission.

6. In view of the proposition of law laid down in the above referred cases, the objection raised by the respondent-Corporation for receiving

building permission application cannot be sustained.

7. Accordingly, the writ petition is disposed of at the admission stage directing the respondent-Corporation to receive the building permission

application from the petitioner and consider the same in accordance with the provisions of the Hyderabad Municipal Corporations Act, 1955 and

the rules framed thereunder. No costs.