lvl/s. Balaii Estates lndia Private Limited' Rep !y its. Director v. l.ThestateofTelangana
Case Details
THE HON'BLE SRI JUSTICE K.SARATH ORDER: W.P.No.1727 of 2025 This writ petition is hled questioning the action of the respondent No.4 in registering the Doc.Nos.48l201 1, Doc.No.3263/2012, Doc. No.364412O13 and Doc.No.5511,l2Ol7 for the extents which a-re not physically edsting 1n Sy.No.255 Narkhoda Village, Shamshabad Mandal, Ranga Reddy District as illegal and arbitrary ald consequently to direct the respondents to cancel the said registered documents.
2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and perused the material on record.
3. Learned Counsel for the petitioner submits that the petitioner company is absolute owner of agricultural dry land admeasuring to an extent of Ac.4-36 gts ln Sy.No.255/A situated at Narkhoda II I I t, r 'l 2 SK, J Lr. P t{o 1 7 1.7 ol 2023 - Village r1n,:1 Grarn Panchayath, Shamshtrba,l [v'.anda], Ranga Rerlciy District having purchasr:d the saine througlL le:sistered sale deed Doc.No.587r'> of2C 15. He submit-s thrt. one Vadla IGishna having inhe rited from his father Vadla Brahmaiah through gift sertlement deed hrrs :o:d the tota-l extent of land acmeasuring to an ext.r:nt rf Ac.10.36 gts or 436 gts 1n Sy.'\o.255 situaterl a.t Narkhoda Village and Grarn I)al,;hayat, Shamsl.rab,arl Mandal, Ranga Reddy Distrrct to the buyers. W't-:le so, the third parties wh<, ar-e rro way concerned 'l'ith the said lalds got executed i11e5,;a1 sale deeds for certain extents of land in Sy.No.255 1n collusic, n o' th the registering authorities. L earned counsel fu::l-rer submits that as the total ext.r:nt of land possess;ed ry the original owner was sc,ld out to his perspe<:tivr: buyers/purchasers and the pe -itioner being cr-re or'them, there is no physical ,rxt€:nt cf land left, bul. th: sale deeds were executed il1egalll,' by the third prrrti,:s and requested to a-llow the'u'rit pet-tion by 3 SK, J W -P.No.1727 of 2025 directing the respondent authorities to cancel the said sale deeds.
4. Learned Assistant Government Pleader for Revenue based on the counter submits that on verihcation of pahanies pertaining to Narkhoda Village the subject land situated at Sy'No'255 is recorded as patta land and with regard to entries registered in the said survey number, it revealed that virrious amendments i.e., mutations, successions etc'' have been granted and recorded' to that effect' He submits that as per the Telangana Rights in Land and Pattadar PassbooksAct,2O2O,thereisnoprovisionfor cancellation of sale deeds/documents executed before 2O2O as those documents were executed in between two individuals and the said sale deeds were executed before the Sub-Registrar, Shamshabad and not at the Tahsildar, Shamshabad Mandal and requested to dismiss the writ petition as not maintainable' 4 w,.P.{o SK, J 1 27 ol2025
5. Alter tLearing both sides and perusa-l of the record, thi; Court is of the considered ,,,ievr tlrat the petition.:r Ls questioning the action of the rr:sltondent No.4 in rr.Sl stering the documents for the e xtents which il:€ not physically existing in Sy.l,lo.255 Narkhoct,a \, JJage, Shamshabad Mandal, ltanga Reddy District zLn<; Jbr cancellation of those docrLments The (:ompany without approzrchrnEl the petitione r compete:Lt (.1 .;il Court filed the instant writ pertiti tn for cancellation r,r registered documents in ftrvo,r .f the third parties. As per Rule 26(i)(k)(i) of Telaagana tRules under the Registration Act, 190g, uLnilirteral cancellatr r:n is not permitted. Moreover, the petitioner Compan.y rvi t^out impleading the effected oarties filed the instant r,, I rt petition.
6. In vir:rv cl the sarne, without going into.the rnerits of the matter. the Writ petition is disposed of l3rarrting liberty to th,: petitioner to approach the cornpe,tent Civil Courr. uith regard to its right and titte c,ver the I 5 SK, J W.P.No.l727 ot 2025 subject properties and also for cancellation of the registered. documents in appropriate proceedings' No order as to costs. Miscellaneous Applications, if any pending in this 7 writ petition, shall stand closed' //TRUE COPYI/ To, ,, +:i" ru':ff i :"?:',:iL1 fi ;Hii;"s*'stratio ;r SD/.V.KAVITHA PUTY REGISTRAR D ECTION OFFICER s a nd sta m p s), State of Village ,H;.,.;ffi n"i^"jfl lf +:P"Xff;iYPdTt:'#ongaraKaran 3. The District Registrar' Ranga Reddy District 4. The Joint Sub-Registrar' Shamshabad' Ranga Reddy District 5. One CC to SRl tvl JAYASII\iIHA REDDY Advocate [OPUCI 6 Two CCs to GP F-OR REVENUE' High Court for the State of Telangana at HYderabad [OU ll 7. Two CD CoPies 8. One SPare CoPY CHS GJP HIGH COUiRT DATED:24tAq2OZs I I ORDER WP.No.1T27 of 2O2S RIa- li -.) i! -,- \'.) \\. * \i n- ( ::-5:E;- ;fr. :'{E :[ i 4 M f,. * /.1 ; .l,r r') + r,i,7 DISPOSING OF THE WRIT PETITION WITHOUT COSTS It \.j., -1t-'