Telangana High Court
S.Bala Tripura Sundari vs The State Of Telangana And 3 Others on 8 April, 2025
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.32192 OF 2022
ORDER:
1. This Writ Petition is filed questioning the action of
the respondent-Registration authority in not deleting the
entries in the official records in respect of agreement of
sale deed bearing document No.2985 of 1996, dated
17.08.1996 and sought a direction to the Registration
authority to delete the entries in respect of the said
Agreement of Sale from the official records and website.
2. Heard the learned Counsel for the petitioners and
the learned Assistant Government Pleader for Stamps
and Registration appearing for the official respondents
and perused the record.
3. The personal notice sent to the unofficial respondent
No.4 by the learned Counsel for the petitioners was
returned with an endorsement as 'Addressee left without
instructions' and the same amounts to deemed service of
notice to the respondent No.4.
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4. The learned Counsel for the petitioners would submit
that the husband of the petitioner No.1 namely S.Subba
Rao was the owner and possessor of house bearing
No.26-137 (Old House No.16-7/14), Plot No.14, Sy.No.45,
admeasuring to an extent of 242.50 Sq.yards, situated at
Sarada Nagar, Safilguda, Malkajgiri Mandal, Medchal-
Malkajiri District.
5. The learned Counsel for the petitioners would
further submit that during the year, 1996 the husband of
the petitioner No.1 obtained a hand loan of Rs.1,50,000/-
from the respondent No.4 herein and executed a
Registered Agreement of Sale in favour of the respondent
No.4 vide document No.2985 of 1996. Thereafter, the
respondent No.4 filed a suit against the husband of the
petitioner No.1 for specific performance in O.S.No.597 of
1998 on the file of the I-Additional Senior Civil Judge,
L.B.Nagar, Hyderabad for execution of Sale Deed basing
on the said Registered Agreement of Sale and the said
suit was decreed in favour of the respondent No.4. Being
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aggrieved by the same, husband of the petitioner No.1
filed Appeal Suit No.2740 of 2004 before this Court and
during the pendency of the said appeal suit, the
husband of the petitioner No.1 was expired. After
hearing both sides, the said Appeal Suit was allowed on
07.03.2017 by setting aside the Judgment and Decree
dated 24.02.2004 passed in O.S.No.597 of 1998 in so far
as the specific performance, however, directed the
petitioners, who were the appellants, to pay an amount of
Rs.15,00,000/- together with interest @ 12% per annum
to the respondent No.4 and accordingly the petitioners
have deposited the amount as directed by this Court and
the respondent No.4 also withdrawn the said amount.
The Judgment and Decree passed by this Court in
A.S.No.2740 of 2004 became final and the issue between
the petitioners and the respondent No.4 was stands
resolved.
6. The learned Counsel for the petitioners would further
submit that, subsequent to the deposit of amount by
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them, the petitioners requested the respondent No.4 for
return of the original sale deed, pronote, cheques, etc.,
which were handed over by husband of the petitioner
No.1. However, the respondent No.4 did not respond,
therefore the petitioners got issued legal Notices on
15.04.2021 and 16.06.2022 to the respondent No.4
requesting him to handover the original documents and
also to execute the cancellation of Agreement of Sale
deed bearing No.2985 of 1996 dated 17.08.1996. In spite
of the receipt of said notices, the respondent No.4 did not
come forward for returning the original documents and
for executing of cancellation of Agreement of Sale.
Having vexed with the attitude of the respondent No.4,
the petitioner No.1 made a representation to the
respondent No.2 on 04.04.2022 requesting to delete the
entries in the office record/official records about the said
agreement of sale. In response thereto, the respondent
No.3 in its letter No.176/SRO, MALKAJIGIR/2002, dated
01.06.2022 directed the petitioners to obtain a specific
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order from the Court to cancel the document
No.2985 of 1996 from the records and in view of the
same, instant writ petition is filed. Since the dispute
between the petitioners and the respondent No.4 ended
in Appeal Suit, the respondent No.3 could have deleted
the entries in the official records. Learned Counsel for
the petitioners requested to direct the Registration
Authority to delete the entries in respect of suit schedule
property from the official records and website by allowing
the writ petition.
7. The learned Assistant Government Pleader for
Stamp and Registrations has not disputed the
submission made by the learned Counsel for the
petitioners with regard to the dispute between the
petitioners and the respondent No.4 and also not
disputing the Judgment and Decree dated 07.03.2017
passed by this Court in A.S.No.2740 of 2004, but stating
that no specific direction has given in the Judgment in
A.S.No.2740 of 2004 about the cancellation of the
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Agreement of Sale dated 17.08.1996 between the
husband of the petitioner No.1 and the respondent No.4
and requested to pass appropriate orders.
8. After hearing both sides, this Court is of the
considered view that the Agreement of Sale bearing
No.2985 of 1996 dated 17.08.1996 is the subject matter
in O.S.No.597 of 1998 on the file of I-Additional Senior
Civil Judge, L.B.Nagar, Ranga Reddy and the same was
decreed in favour of the respondent No.4 herein and
thereafter same was set aside by this Court vide
Judgment and Decree in A.S.No.2740 of 2004, dated
07.03.2017.
9. Admittedly, this Court passed Judgment and Decree
in A.S.No.2740 of 2004 on 07.03.017 by setting aside the
Judgment and Decree dated 24.02.2004 in O.S.No.597 of
1998 on the file of Additional Senior Civil Judge,
L.B.Nagar, Hyderabad and directed the petitioners herein
to pay an amount of Rs.15,00,000/- to the respondent
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No.4 herein with interest @ 12% per annum.
Accordingly, the petitioners have deposited the said
amount before this Court and according to the
petitioners, the same was withdrawn by the respondent
No.4.
10. In the above circumstances, the subject document
i.e. Agreement of Sale bearing document No.2985 of 1996
is not in existence and the respondent No.4 herein not
appeared in spite of service of notice to deny the
averments of the writ petition. Therefore, the
Registration authorities have to delete entries in respect
of said Agreement of Sale bearing No.2985 of 1995, dated
17.08.1996 from the records and the official website.
11. In view of the above findings, the writ petition is
disposed of by directing the respondent-Registration
authorities to delete the entries in respect of Agreement of
Sale No.2985 of 1996 dated 17.08.1996 for the property
bearing H.No.26-137 (Old No.16-7/14), Plot No.14
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situated in Sy.No.45, admeasuring 242.50 Sq.Yards or
203 Sq.Meters with RCC plinth area of 1200 Sq.Feet,
situated at Saradanagar, Safilguda, Malkajgiri
Municipality and Mandal, Ranga District from the records
and official website, within four (4) weeks from the date
of receipt of copy of this order.
12. Miscellaneous applications pending, if any, in
this Writ Petition, shall stand closed. No order as to
costs.
_____________________
JUSTICE K.SARATH
Date:08.04.2025.
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