THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.34783 of 2013
ORDER:
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and Sri Goli Viplav Reddy, learned counsel appearing for respondent No.4.
2. This writ petition is filed seeking to declare the action of respondent No.3 in registering the Cancellation of Gift Settlement Deed, dated 05.03.2011, vide document No.615 of 2011 at the instance of respondent No.4 in violation of Rule 26 (i) (k) of the Telangana Rules under the Registration Act, 1908, as illegal and arbitrary.
3. This matter was admitted on 03.12.2013 and the same underwent several adjournments and finally the same was listed on 15.02.2023 and 16.02.2023 before this Court and on all the dates, there was no representation on behalf of respondent No.4, though the name of learned counsel for the respondent No.4 is very much printed in the cause list. Though this Court heard learned counsel for the petitioner on 15.02.2023 itself, it is only to afford an opportunity to respondent No.4, the matter was 2 adjourned from time to time, as noted above, by posting 'for orders' and 'for judgment' as well.
4. Today though the matter is listed under the caption 'For Judgement', there is no representation for respondent No.4 and no counter affidavit is filed on his behalf.
5. The impugned Cancellation Deed, dated 05.03.2011, was executed and registered by respondent No.4 cancelling the earlier registered Gift Deed executed in favour of the petitioner herein vide Gift Settlement Deed, dated 21.12.2009, vide document No.4696 of 2009, without the consent of the petitioner herein and without the petitioner signing the said document.
6. Rule 26 (i) (k) of the Telangana Rules under the Registration Act, 1908 mandates that registration of a Cancellation Deed cannot be done unilaterally unless and until both the parties are before the Sub Registrar.
7. However, the impugned cancellation Deed is now registered by respondent No.3 in violation of Rule 26 (i) (k) of the Telangana Rules under the Registration Act, 1908. In the circumstances, the unilateral execution and registration of the impugned Cancellation Deed is not disputed in the counter affidavit filed by respondent No.3. As already noted above, there is no counter 3 affidavit filed by respondent No.4 nor there is any representation for respondent No.4.
8. In the circumstances, the impugned Cancellation Deed, dated 05.03.2011, vide document No.615 of 2011 is set aside and respondent No.3 is further directed to take all consequential steps and make necessary endorsement on the encumbrance and other registers maintained by respondent No.3 within a period of four weeks from the date of receipt of a copy of this order.
9. The writ petition is accordingly allowed. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:17.02.2023 Note:- Issue C.C. in three (3) days.
(B/o) KH 4 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.34783 of 2013 Date:17.02.2023 KH