HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.17347 of 2005 Date: December 10, 2009 Between: Mohd. Akbar Siddique, S/o. late Mohd. Ali, Aged 62 years, Occ: Pensioner, R/o.D.No.10-4-771/643/1, Plot No.2, Masab Tank, Humayun Nagar, Hyderabad – 28. … Petitioner And The Commissioner, Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad, and another. … Respondents Order: The petitioner seeks directions by way of Writ of Mandamus to direct the respondents to grant No-objection certificate to enable him to re-construct a house in the premises bearing No.10-4-771/643/1, Plot No.2, Masab Tank, Humayun Nagar, Hyderabad. In the affidavit filed in support of the writ petition, it is stated that the petitioner has purchased the aforesaid property from its earlier owner by name Sri M. Kishore Kumar pursuant to agreement of sale dated 09-04-1986. When the vendor did not come forward to register the said property in the name of the petitioner, the petitioner filed O.S.No.775 of 1989 on the file of VI Addl. Chief Judge, City Civil Court, Hyderabad seeking specific performance of agreement of sale, which was decreed and also confirmed in first appeal and second appeal, by this court. It is stated that with regard to the property in question, a claim was made by the Government in L.G.C.No.19/88 on the file of the special court constituted under A.P. Land Grabbing (Prohibition) Act, wherein the said property is declared to be private property of the petitioner. It is the case of the petitioner that, with intent to undertake re-construction in the premises in question, he filed application dated 14-09-2004 to the Mandal Revenue Officer, Asifnagar, Hyderabad for grant of No-object Certificate. On the ground that no action has been taken on his application, he has come up with the present writ petition. Though the writ petition is of the year 2005, no counter affidavit is filed. Grant of building permission is governed by the provisions of Hyderabad Municipal Corporation Act, 1955 and the rules made thereunder. From a perusal of the said provisions, it is clear that there is no requirement of obtaining No-objection Certificate from the Mandal Revenue Officer concerned for grant of building permission. In that view of the matter, I dispose of the writ petition with the following direction: If any application is filed by the petitioner seeking permission for construction of building in the premises bearing No.10-4-771/643/1, Plot No.2, Masab Tank, Humayun Nagar, Hyderabad, the first respondent shall consider the same and pass appropriate orders, without insisting for No-objection certificate from the second respondent, Mandal Revenue Officer, Asif Nagar Mandal, Hyderabad. However, it is made clear that the application of the petitioner be considered only on compliance of all other requirements as per the provisions of the Hyderabad Municipal Corporation Act, 1955 and the rules made thereunder. No order as to costs. ____________________ R. SUBHASH REDDY, J December 10, 2009 MRR