Asma Sameena Begum v. The State Of Andhra Pradesh
THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WVMP.No.3031 of 2012 In WP.No.15752 of 2012 And WP.No.15752 of 2012 ORDER :
The petitioners herein claim to be in occupation of certain plots in Survey No.994, situate at Ameenpur Village, Patancheru Mandal, Medak District, and contend that they have purchased these plots by way of agreements of sale. The petitioners further contend that 2nd respondent visited the premises and asked the petitioners to vacate the land alleging that it belongs to Government. Therefore, the petitioners approached this Court contending that they are entitled for regularization under G.O.Ms.No.166 dt.16.02.2008.
2.
On 22.06.2012, this Court granted interim direction staying dispossession of petitioners, except in accordance with law.
3.
The 2nd respondent has filed a counter-affidavit stating that land in Survey No.994 belongs to Government, and petitioners are not in possession of the said land. It was specifically contended that petitioners
have no right over the property; that they have not produced any valid document of title or any document in support of their plea of possession of their property; that they are not entitled for regularization of the subject property; and that petitioners are land grabbers intending to grab Government land.
4.
WVMP.No.3031 of 2012 is filed by respondents along with the counter-affidavit to vacate the interim order.
5. The material on record reveals that petitioners are claiming to be purchasers of certain plots under notarized agreements of sale.
6.
It is settled law that title does not pass under an agreement of sale. No scrap of paper is filed by petitioners in support of their plea that they are in possession of the plots which they claim to have purchased under the said agreements of sale. It is also not stated by petitioners that they have applied for regularization under G.O.Ms.No.166 dt.16.02.2008, issued by Government.
7. Along with the counter-affidavit, the respondents have filed copy of the Kasra Pahanies for the year 195455 which clearly indicates that the land in Survey No.994 is Government land.
8.
Therefore, it is clear that petitioners are claiming
title to the land belonging to Government without any valid document of title and without any evidence of their possession of the said land. Therefore, the petitioners are not entitled to any relief in the Writ Petition. 9.
Accordingly, the Writ Petition is dismissed. The interim order granted on 22.06.2012 by this Court stands vacated. No order as to costs.
10.
As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed. __________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 07-06-2016 Ndr/*