THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.18067 of 2008 ORDER: The petitioner claims to have purchased a plot in Survey Nos.54, 85 and 86 of Gajuwaka Revenue Village and Mandal, Visakhapatnam District under a sale deed, dated 09.04.1985, from the sixth respondent herein. Some dispute persisted as to the right of the sixth respondent vis-à-vis the land and his capacity to sell the same in favour of the petitioner. The Government Issued G.O.Ms.No.44 Revenue (Assignment-I) Department, dated 11.01.2008, providing for regularization of encroachments over the Government land by the private persons. The petitioner submitted an application before the Mandal Revenue Officer, Gajuwaka, Visakhapatnam District, the fifth respondent herein, seeking benefit under the G.O. Her grievance is that the application is not being considered. On behalf of respondents 1 to 5, a counter-affidavit is filed. It is stated that the sixth respondent did not derive any title for the land and he has no capacity to sell the same. It is also stated that the land belongs to the Government and the petitioner does not have any right. Heard Sri K.V.Subrhamanya Narusu, the learned counsel for the petitioner, the learned Government Pleader for Revenue for respondents 1 to 5 and Sri B.Bhaskar Rao, the learned counsel for the sixth respondent. Though the petitioner had purchased the land from the sixth respondent through a sale deed, ultimately she has reconciled to the fact that the Government is the absolute owner of the property and accordingly filed an application in terms of G.O.Ms.No.44, dated 11.01.2008. Strictly speaking, the sixth respondent does not figure anywhere in the litigation. The reason is that in case he is the owner of the land, he ceased to have any right once he has sold it in favour of the petitioner. On the other hand, if the land belongs to the Government, the sixth respondent has no right over it. The Government evolved a scheme for regularization of the encroachments over the Government land, subject to certain conditions. If the petitioner fulfils those conditions, there is no reason why her case be not considered. Hence, the writ petition is disposed of, directing respondents 1 to 5 to consider the application submitted by the petitioner and dispose of the same in terms of G.O.Ms.No.44, dated 11.01.2008. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:04.03.2009 Note: Issue cc in two days. (B/o) kdl