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Submission of being an illiterate person and not complying to the application procedure for constructing a house is no defence: High Court of Andhra Pradesh

If any person intends to construct a residential house in the land which is in his possession, he has to make an appropriate application along with all documents after making payment of necessary fees. Submitting that an applicant is an illiterate person, and no payment is made seeking permission along with the application as required is no defence. A single bench comprising of Justice Battu Devanand adjudicating the matter of T.Srinivasulu Reddy v. The State of Andhra Pradesh (WRIT PETITION No. 10252 of 2021 ) dealt with an issue of whether pass an order in favour of the Appellant in the present writ petition.

In the present case, the Petitioner filed a writ of mandamus declaring that the Respondent is illegally and arbitrarily not processing and granting the permission for constructing a residential house with ground floor RCC building in Survey No.722/10 of Gollapalle Village, Yerrakotapalli Gram Panchayat, Kalakada Mandal, Chittoor District.

The Petitioner submits that he is the bonafide owner of the land admeasuring Ac.1-68 cents in Survey No.722/10 of Gollapalle Village, Yerrakotapalli Gram Panchayat, Kalakada Mandal, Chittoor District, and the land was assigned to the petitioner by “D” form patta which was issued by Respondent. The Respondent authorities had also issued pattadar passbooks to the petitioner and the petitioner is in peaceful possession and enjoyment of the said land by doing agricultural operations. It was also contended by the Petitioner that an intention to construct a small house in the said land, the petitioner made an application in the month of December 2020 to the 4th respondent seeking permission to construct a residential house along with all relevant documents including a plan of proposed construction issued by the Licensed Engineer. The learned counsel for the petitioner further submits that after the said application, despite lapse of four months, the 4th respondent had not passed any order on the application submitted by the petitioner. Aggrieved by the same, the present writ petition is filed.

The Respondent submits that the petitioner never submitted an application to the Gram Panchayat seeking permission for the construction of a residential house.

The court asked the Petitioner that if there is any proof to establish that the petitioner has submitted an application to the respondent or os there any proof to establish any payment made along with such application. The Petitioner submitted that he is an illiterate person and he does not have a copy of the application and no payment is made seeking permission along with the application.

The court declined the submission of the Petitioner as it appears that no application is made to the Respondent in compliance to the requisite procedure and hence this is not a fit case for the interference of this Court and this writ petition is liable to be dismissed.

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