S. Satyanarayana v. 1. The State of Telangana

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent no.4 to receive the sale deed dated. OOIO2I2O2S kept as P.No.12612025, register, process and release to the petitioner. pending disposal of the writ petition no. of 2025 in the interest of justice. Counsel for the Petitioner:SRl R. RAMA BRAHMMA counsel for the Respondents: sMT s. SRAVANTHI AGp FoR REVENUE AS WELL AS STAMPS AND REGISTRATION. The Court made the following: ORDER f 'r--\{) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.7O36 of 2o25 THE 23RD DAY OF DEICEMBER 2025 Between: S. Satyanarayana ...Petitioner The State of Telangana, Rep. by its Principal Secretar5r, AND Stamps and Registration Department, Secretariat, Hyderabad and (5) others. ...Respondents ORDERT Sri R.Rama Brahmma, learned counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Revenue as well as Stamps and Registration appearing for the respondents

2. Learned counsel for the petitioner submits that the petitioner filed the present Writ Petition seeking to declare the a.ction of respondent No.4 in refusing to receive, register and B release the sale deed dated 06.A2.2025 in respect of the open plot bearing No.175, admeasuring an extent of 4OO Sq.yards (or 334.45 I Sq.mtrs.) in Sy.No.215, situated at Kollur Village, -, 2 Ramachandrapuram Mandal, sangareddy District (for brevity, "subject property"), pending vide No.p/ L26/2025 and passing the impugned refusal order dated 28.o2.202s uid.e Memo No.94/ 2025, on the ground that the respondent No.6 executed a cancellation deed in respect of the subject property uiid" Doc.No.lsg/1995 dated 07.A1.1995, as illegal and arbitrary.

3. Learned counsel for the petitioner submits that the respondent No.6-society, without issuing any notice to the petitioner, unilaterally cancelled the registered sale deed executed in favour of the petitioner uid"e Document No.32o llgk6 dated 09.o1.1986 through Document No.1ss/ 1995 dated 0r.o1.1995, which is contrary to the orders of the Hon'ble supreme court in Thoto. Ganga Lqxmi & another as. @aernment of And,hra Pradesh and otherst. Further, in a similar case in w-P.No.27962 of 2oo5 dated 03.03.2011, this court set aside the unilaterally executed cancellation deed and the same has attained finality. [n view of the same, learned counsel prayed to set aside the cancellation deed dated oT .O1.1995 and to direct the respondent authorities to register the subject docurnent presented by the petitioner without reference to the refusal order dated

28.O2.202s. {{zoroy l5 scc 207 \ I q:.::.,:, .4. J

4. On the other hand, learned Assistant Government Pleader, basing on the counter filed by the respondent No.4, submits that at the time of registering the cancellation in 1995, there was no prohibition under the Registration Act, 1908, or the Rules made thereunder, which prevented the registering officers from accepting such unilateral cerncellation deeds. The legal position changed only after the amendment of the Registration Rules by insertion of Rule 26(kl uide notification dated 29.LL.2006, issued by the Commissioner and Inspector-General, Registration and Stamps, Andhra Pradesh. Hence, the registration of the cancellation deed in 1995 cannot be faulted as it was in accordance with the then prevailing practice and law. Further, the petitioner presented the sale deed for registration, citing the 1986 sale deed as his link document. However, since the said deed stood cancelled through the cancellation deed, the petitioner's document could not be entertained and registration was refused by order dated 28.02.2025. Also, the Sub-Registrar, being a statutory authority, is bound to act in accordance with law and the documents available on record and unless the cancellation deed is annulled by a competent Court, the petitioner cannot insist upon registration of his subsequent deed based \ c\ncelled document. t _-l : {t f, 4 1-t.:

5. Learned Assistant Government Pleader, basing on the counter fited by the respondent No.6, submits that the then Presid.ent of the respond.ent No.6-Society committed several irregularities by making multipie transactions over the same land and conducting real estate business under the guise of the Society which finally led to multiplicity of litigations. As part of the said irregularities, the then President of the society, in order to sell the subject land to third parties, executed a unilateral cancellation deed dated 07.01.1995 uideDocument No.158/1995 in respect of the subject land., thereby depriving the rights of the petitioner herein. In view of the sarne, learned Assistant Government Pleader requested this Court to dismiss the Writ Petition'

6. . After hearing both sides and on a perusal of the entire material available on record, this Court is of the considered view that there is no dispute regarding the purchase of the subject property by the petitioner from the respondent No.6-Society under a registered Sale Deed uide Document No.6O ll /1984 dated 01.10. lg}4. Thereafter, without issuing any rl'otice to the petitioner, the respond.ent No.6-Society unilaterally cancelled the Document No.6O tl llg84 uide Document No.158/ 1995 dated \ 07 .o 1.1995. \ 5

7. The said issue was already considered by this Court in W.P.No.27962 of 2005 and uide order dated 03.03.2011, this Court set aside the unilateral cancellation deed presented by the respondent No.6-Society by relying on the Judgment of the Honble Apex Court in Thota Ganga Laxmi (supra-l). The relevant portion of the Judgment reads as under: "4. In our opinion, tlrcre was no need for the appellants to approach the ciuil court as the said cancellation deed dated 4-8- 2OOS as well as registration of tlrc same was wholly uoid and non est and can be ignored altogether. For illustration, if A transfers a piece of land to B by a registered sale deed, then, if it is not disputed that A had tlrc title to the land, that title passes to B on the registration of th.e sale deed (retrospectiuely from the date of the execution of tlrc same) and B then becomes the owner of the land. If A wants to subsequently get that sale deed cancelled, he has to ftle a ciuil suit for cancellation or else Lrc can request B to sell the land back to A but by no stretch of imagination, can a cancellation deed be executed or registered. This is unheard of in law.

5. In this connection, we maA also refer to Rule 26(k)(il relating to Andhra Pradesh under Section 69 of the Registration Act, 79O8, which sfafes.' "(i) The registeing officer stwll ensure at the time of preparation for registration of cancellation deeds of preuiously registered deed of conueyances on sale before him that such cancellation deeds are execltted bg all the exeantant and. claimant parties to the preuiouslg registered conueAance on sale and that such cancellation deed is accompanied bg a declaratioru slawing nahtral consent or orders of a competent Ciuil or HUh Court or State or Central Gouernmerut annulling the transaction contained in the preuiouslg registered deed of conuegance on sale: / \ \ --;r 6 ( Prouided that the registeing officer shatl dispense with the execution of cancellation deeds by exeantant and claimant parlies to the preuiously registered deeds of conueAances on sale before him if the cancellation deed is exeanted bg a Ciuil Judge or a gouernment officer competent to execute gouerrtment orders declanng the properties contained in the preuiously registered conueAance on sale to be gouerrLmeit or assigned or endowment lands or properties not registerable bg ang prouision of law." A read.ing of the aboue Rule also supports tlrc obseruations we haue made aboue. It is only when a sale deed is cancelled bg a competent court that tkrc cancellation deed can be registered and. that too after notice to the parties concerned. In this case' neither is there any declaration bA a competent court nor u)as tLrcre ang notice to the parties. Hence, this Rule also makes if clear that both the cancellation deed as well as registration tlrcreof u)ere wholly uoid and non est and meaningless transactions." g. The above findings of the Judgment squarely apply to the facts of the instant case. In view of the sarne, the cancellation deed dated 07.01.1995 executed by the respondent No.6-Society is liable to be set aside and the respondent authorities have to register the subject document presented by the petitioner. g. Accordingly, this Writ Petition is disposed of by setting aside the impugned cancellation deed registered as Document No.158/1995 dated 07.01.1995 in respect of the subject property and the respondent authorities are directed to receive, register and t r{ease the subject document presented by the petitioner, without _\ / 7 reference to the refusal order dated 28.02.2025 uide Memo No.94l 2025. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. There shall be no order as to costs. \ /TRUE COPY// To,

1. The Principal Secretary for Stamp and Registration Telangana, Secretariat, Hyderabad' SD/.P. PONNA KRISHNA STANT REG N OFFICER State of

2. The commissioner and lnspector General, Registration and stamps Department, M.J. Road, HYderabad

3. The District Registrar, Registration and stamps Department, Kandi, Sanga Reddy District.

4. Joint Sub-Registrar Reddy District. - l, Registration and^ Starnps Rp(OB): Patancheru' Sanga

5. The District Collector, Sanga Reddy District, Sanga Reddy 6. The District Revenue Officer/Person !n thalg!,The.lndus-lrial Employees Coooerativ" Uo,ii" Arifting Soiiety LimiteO"[e9{No. T G 925 un-der A P ffiffi;iil; s;;;idr A;i ieoa B"irdtasuda R e Puram Mandal, sansa ReddY District. T.oneCCtoSRl.RRAMABRAHMMA,Advocate[OPUC] B. Two CCs to GP FoR STAMPS AND R-EGISTRATIoN ,High Court for the Siiie ot lelangana at Hyderabad ' [OUT]

9. Two CD CoPies DAN \6t, I HIGH COURT DATED:2311212025 ORDER WP.No.7036 of 2025 -- --**'tiri-r-+-r$1_iiiidrfd'#i+iFl* IASHEf, I O B JAN 2O2E -ff -* :,,.1,. ". l. , ^ DISPOSING OF THE WRIT PETITION .:!n--!!.,:.iri,a r' WITHOUT COSTS '"% :. ! ., i : : t E t I I \ \ . , .:, i ].:.