HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.10996 of 2004 Date : 05.08.2009 Between : Mr. Osman Bin Saleh Al-Khaiti. …..Petitioner And The Commissioner, Municipal Corporation of Hyderabad & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.10996 of 2004 ORDER : In this writ petition, the only grievance of the petitioner is that when he wanted to submit application seeking permission for construction as required under the provisions of the Hyderabad Municipal Corporation Act, 1955, though there is no requirement for submitting ‘no objection certificate’ from the Mandal Revenue Officer along with the application for grant of permission, but on the ground that ‘no objection certificate’ is not enclosed with the said application, the 1st respondent- Commissioner is not considering the application of petitioner for building permission. 2. Counter affidavit is filed on behalf of respondents. While denying the allegations made by the petitioner, it is stated that along with the application, the petitioner has not submitted the drawings approved by the licensed technical personnel and also the prescribed fee, as per the procedure laid down in G.O.Ms.No.423, M.A., dated 31.07.1998. It is also stated that if the petitioner submits his application in terms of the conditions referred above, the respondents will consider the same and pass appropriate orders. 3. So far as submission of ‘no objection certificate’ from the Mandal Revenue Officer is concerned, there is no such requirement as per the Hyderabad Municipal Corporation Act, 1955, and the by-laws made thereunder. If an application is submitted for grant of permission by enclosing the documents in proof of title and possession, it is obligatory on the part of respondents to independently consider such application, without insisting for ‘no objection certificate’ from the Mandal Revenue Officer. 4. In view of the above circumstances, this writ petition is disposed of, permitting the petitioner to make a fresh application along with the approved drawings by the licensed technical personnel by paying necessary fee, for grant of permission. If such an application is filed by the petitioner by complying with the conditions referred above, the 1st respondent is directed to consider the same without insisting for ‘no objection certificate’ from the Mandal Revenue Officer. However, it is made clear that consideration of such application will be on its own merits, provided the respondents are satisfied with regard to the title of the petitioner, over the land upon which he wants to make constructions. 5. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 5th August 2009 ajr