Dr. Yalamanchili Basaveswara Rao vs Smt. B. Nirmala
2023 Latest Caselaw 3296 Tel

             THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                              AND
              THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
                                Writ Appeal No.1011 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

        Heard Mr. E.Ajay Reddy, learned Senior Counsel appearing for

Ms.      E.Anisha         Reddy,        learned       counsel   for   the   appellant;

Mr. Vedula Srinivas, learned Senior Counsel appearing for

Mr. K.Pradeep Reddy, learned counsel for respondent No.1: and

Mr. T.Srikanth Reddy, learned Government Pleader for Revenue

representing respondents No.2 and 3.


2.      With the consent of the parties, the matter is heard finally.


3.      In this intra court appeal, the appellant has assailed the validity

of the order dated 24.07.2023, passed by a learned Single Judge in

I.A.No.1 of 2019 in/and W.P.No.28164 of 2008, by which the implead

application filed by the appellant has been dismissed and the writ

petition preferred by respondent No.1-writ petitioner has been

allowed.


4.      We have heard learned Senior Counsel for the parties at length.
                                  ::2::


5.    Facts

giving rise to filing of this appeal briefly stated are that

respondent No.4 viz., B.V.Ramana sold the land admeasuring

Acs.5.33 guntas situated in Survey No.186 of Vattinagulapalli Village,

Rajendranagar Mandal, Ranga Reddy District in Madinaguda vide

registered sale deed dated 11.10.1996 in favour of husband of the

petitioner viz., late K.S.Amarnath. Thereafter, the aforesaid

B.V.Ramana unilaterally executed a cancellation deed dated 01.07.2023

and cancelled the sale deed, which was executed on 11.10.1996.

Thereafter, the deed of cancellation was presented before the Sub-

Registrar, who allowed the registration of the deed of cancellation,

which was executed unilaterally. Being aggrieved, the mother and wife

(writ petitioner) of late K.S.Amarnath filed an appeal under

Section 72 of the Registration Act, 1908, before the District Registrar

(respondent No.1), which was dismissed on 23.07.2008.

6. The validity of the order dated 23.07.2008 was assailed in a writ

petition viz., W.P.No.28164 of 2008. The learned Single Judge, by an

order dated 24.07.2023, has examined the validity of the aforesaid

order and placed reliance on a decision of the Supreme Court in Thota ::3::

Ganga Laxmi v. Government of Andhra Pradesh 1 and held that

unilateral execution of the sale deed is not permissible.

7. After hearing learned Senior Counsel for the parties at length,

the Writ Appeal is disposed of with the clarification that any

observations made by the learned Single Judge in the order

dated 24.07.2023 shall not be taken to be about adjudication of title of

the parties to the proceeding. It is trite law that a question of title

cannot be adjudicated in a writ petition. No costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ ALOK ARADHE, CJ

_______________________ N.V.SHRAVAN KUMAR, J Date: 18.10.2023 LUR

(2010)15 SCC 207