K. Srinivas Vijay Kumar vs The State Of Telangana And 13 ...
2022 Latest Caselaw 4619 Tel

       THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

              WRIT PETITION No.14914 of 2022
ORDER:

Heard the learned counsel for the petitioner, the learned

Government Pleader for Revenue appearing for respondents 1 to

3, and M/s.D Haritha Kiran, learned counsel appearing for

respondent Nos.5 and 6. With their consent, the present Writ

Petition is disposed of at the stage of admission.

Aggrieved by the action of respondent No.2 in receiving,

admitting and registering the deed of revocation of gift settlement

deed bearing No.2491/2008, dated 10.04.2008, and the

consequential agreement of sale-cum-GPA (with possession)

bearing document No.2658 dated 16.06.2008 in favour of

respondent Nos.6 and 9 and another consequential agreement of

sale-cum-GPA (with possession) bearing document No.4401 dated

08.10.2008 in favour of respondent No.14 revoking the earlier gift

settlement deed dated 31.01.2008 bearing document

No.526/2008, the present writ petition is filed.

Learned counsel for the petitioner has contended that once

a deed of conveyance is executed and registered, the said deed can

only be cancelled by filing a civil suit and no cancellation deed

cancelling the earlier registered deed can be unilaterally executed

by one of the parties. Learned counsel has further stated that

when similar issue came up for consideration, this Court has

passed order dated 30.01.2022 in W.P. No.9162 of 2019 relying

on the judgment in Thota Ganga Laxmi vs. Government of

Andhra Pradesh1 wherein the Hon'ble Supreme Court has held

that if any sale deed is required to be cancelled, the only remedy

is by way of a civil suit for cancellation of the said registered sale

deed, but no cancellation deed can be unilaterally executed or

registered by the authorities. The Hon'ble Supreme Court held

that it is only when the earlier sale deed is cancelled by a

competent civil Court can a cancellation deed be registered.

Moreover, Rule 26(i)(k) of the Registration Rules enunciated under

the Registration Act, 1908, mandates that a cancellation deed can

be executed only after issuing notice to the concerned parties.

That unilateral cancellation of the sale deed as well as registration

thereof were wholly held to be void, non est and meaningless

transactions.

Admittedly, in the present case, no notice as contemplated

under Rule 26(i)(k) of the Rules has been issued. Both the

counsel appearing on behalf of respondent Nos.5 and 6 and the

learned Government Pleader have not disputed the above law laid

1 (2010) 15 SCC 207

down by the Hon'ble Supreme Court in the above referred

judgment and have fairly conceded for allowing the writ petition.

Having regard to the above made submissions, the Writ

Petition is allowed, and the deed of Revocation dated 10.04.2008

and the consequential documents thereof are set aside.

The miscellaneous petitions pending, if any, shall stand

closed. There shall be no order as to costs.

________________________ A.ABHISHEK REDDY, J Date : 14.09.2022 sur/va