Recovery of pocession and Declaration of title
Khaleel Ahmed
(Querist) 26 May 2009
This query is : Resolved
A group of people had house plots which they purchased from owner and got registration.The same land government alloted to one corporate company. The plot owners filed writ of mandamous against the government. The writ dismissed by the High court directing the petitioner to go to the civil court to prove there title.
Q1. The owners should give statutory notice to the governemnt before filing the suit?
Q2.The owners should file suit for recovery of pocession and declaration of tile or claim for compensation for their plots?
Khaleel Ahmed,
Hyderabad
Y V Vishweshwar Rao
(Expert) 27 May 2009
I Agree with lrd Friend Sri Sivasubramanian and further add that ;-
There is title Dispute !
The Govt alloted the land to Corproate Company - is it Govt land or Govt Acquired Private land
If it is Govt land , whether the Vendor of WP Petitioenrs had alienable title to sell
If the Land is acquired by Govt from the Predecessors/Vendors of the WP Petitiioners
The Directions in WP to file Civil Suit to prove title of the WP Petitioners, to be cosnidered in detail, with furhter details of the Case
However the Suit can be filed after issuign Notice Under Sec 80 CPC or it can be dispenced with by filing a Petition, if there is urgency
The Suti can be for Title Declaration and recovery of Possession if it is not acqired .( if the Govt has no title to allot the ladn to some others )
If it is acquird by Govt,suit/case for Compesation
Sreedhar Valiveti
(Expert) 25 June 2009
Respected sir,
Please confirm when did you purchased the land?
When the government has allotted the same to land? Have you verified the allotment GO to the said company?
As per your query it is learnt that owner intentionally cheated all of you.
Filing writ petition is not a proper way. Before that you have to file a revision petition before concerned Collector and after receiving the same only, we can came to a conclusion.
If the same is already a govt. land or already acquired by govt before your purchase then you have to file a petition against the pervious owner of the property in either civil/criminal or both. (Depending upon the strength of documents)
If the same was an acquired by govt subsequent to your purchase, then you can claim compensation from govt and i thing up to that extent govt may already passed the same.
so, you please first cause enquiry with concerned collector office in this regard for moving further.
