High Court · 2025

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction mere particurarry one in the nature of writ of Mandamus, decraring the action of 3rd respondent in not cancer Deed of cancellation Document No. 399/20'15 dated 30t01r201s registered in the office of Sub-Registrar, Azampura, Hyderabad pertaining to house bearing no. Municipal No'23-6794/A, admeasuring 107 sq. yards equivarent to 89.00 square meters, situated at shah AIi Banda, chandurar Bera. Hyderabad rG as iilegar, improper, arbitrary and unconstitutionar and against the principres of naturar justice ionsequently oirect ine 3rd respondent to recognize the varidity and enforceabirity of the original Gift setflement Deed Dated 29t1ot2009 bearing document no. 1511t2009. lA NO: 1 oF 2025 Petition under frection 151 cpc praying that in the circumstances stated in the affidavit filed in suoport of the petition, the High court may be preased to direct the 3rd respondent to register and rerease proposed sare Deed Do:ument Dated 06103.12025 pertaining to house bearing Municipar No.23-6794/A, adnreasuring 107 square yards equivarflnt to gg.00 square meters, situated dt Shah Ari Banda, Chandulal Bela, Hyderabad TG forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRt SAWANARAYANA DHARMAPURT counsel for the Respondents: AGp FoR srAMps AND REGrsrRATroN The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.7268 of 2025 ORDER: Heard learned counsel appearing for the petitioner dnd learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record.

2. Learned counsel for the petitioner submits that this writ petition is filed by the petitioner declaring the action of the respondent No.3 in not cancelling "Cancellation of Gift Settlement Deed" uide Document No.399/2O15, dated

30.01.2015 registered in the office of Sub-Registrar, Azaropura, Hyderabad pertaining to house bearing No. Municipal No.23-6794/A, admeasuring 107 Square yards equivalent to 89.O0 Square meters, situated at Shah Ali Banda, Chaldula-l Bela, Hyderabad, Telargana as illegal and arbitrary and consequently, direct the respondent No.3 to recognize the validity and enforceability of the Original Gift o w.p.No.7268 q if;i" Settlement Deed dated

29.70.2OO9 bearing Document No.151 1 l2AO9.

3. Learn:d counsel for the petitioner further s,ubmits that in view of ca.trcellation of Registered Gift Deed on 30.01.20 15 vide Docunrent No.366/2015 without the c()nsent and knowledge of the petitioner, the petitioner approached this Court and hrr:d W.p.Nos.9956 and 16334 of 2015 arld as per compromise between the petitioner and his mother on O5.I2.2O18, this Court passed Common Order ir the above said writ petitions. 4, Learnei. counsel for the petitioner further sr:bmits that after disposa of the above said writ petitions, the mother of the petitioner expired and the petitioner made aplrlication to the respondent No.3 on O2.O2.2025 requesting to cancei the "Cancellation of Gift Settlement Deed,, uid,e Document No.399 /2015 After hling of the said application, the respondents €,r-e not passing any order, hence, the petitioner hled the instant writ petition requesting to rlirect the \. J sr,J W-P.No.7268 of 2025 respondents to take appropriate action. After filing of the writ petition, the respondent No.3 communicated Memo No.106/2025, dated 05.O3.2025 and rejected the application of the petitioner on the ground that the Sub-Registrar is not empowered to cancel of any registration until and unless the Court issues the Decree Order or Final Order and it has been informed/ sent to the Sub-Registrar along with a certihed copy of the order of the Court in pursuance of S.O.219 (b) of the Registration Manual and requested to direct the respondent No.1 to implement the orders of this Court in W.P.Nos.9956 and 16334 of 2015.

5. Learned Assistant Government Pleader for Stamps and Registration on instructions submits that the petitioner has , I not submitted the certihed copy of the order of this Court and not frled death certificate of his mother. If the petitioner submits certilied copy of the order of this Court and the I death certihcate of his mother, the respondents will pass appropriate orders as per law. !-- \ 'l \,\ -F.:1'Ed l 4 SIT'J W.P.No.7268 oJ 2O2s

6. In vierri' of the submissions made by both sidcs, the writ petition is disposed of by granting liberty to the pctitioner to make fresh a:rplication along with certified copy ol- the order of this Courl in W.P.Nos.9956 and 16334 of 2(t15, dated O5.O2.2O18 arid also enclosing the death certificate of the mother of tbe petitioner. After receiving the said application, the responderrts are directed to cancel the "Canc ellation of Gift Settlemert Deed" uide Docurnent No.399/2Cr 15', dated

30.01.2015 as per the orders of this Court in W.I:'.Nos.9956 and 16334 of. 2075, dated 05.02.2OL8, within four (4) weeks from the date of receipt of copy of this order. Howr:ver, there shall be no or,ler as to costs.

7. Miscelliu-reous petitions, if any, pending in this Writ Petition shall rlso stald closed. SD/. N.CHANDRA SEKHAR REGISTRAR l[;: ON OFFICER /ITRUE COPY// To 'l.ThePrincipalsecretaryStamps-andRegistrationDepartment,l'elangana Secretariai, Hyderabad, State of Telangana. State.

2. ih; Di;ir,"t n6gi.strar, Hyderabad Sout6, Erragadda, Hyderabad, Telangana 3. The Sub Registrar, Charminar, Hyderabad, Telangana State. 4. ONE CC tO S;RI SAWANARAYANA DHARMAPURI, AdVOCAtC [3PUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the State of Telangana, at Hyderabad. [OUT]

6. Two CD Copies PSK HIGH COURT DATED:2410312025 ORDER WP.No.7268 of 2025 HE S 14) .:J J /<, 0 7 APit 2025 z a * i!, i l-;Q DISPOSING OF THE WRIT PETITION WITHOUT COSTS €