High Court · 2025

The State of Telangana Rep. by its Principal Secretary, Revenue Department' S ecreta riat, HY der ab ad -22 iiJ cor-"iir.1onei and lnspector General Registration, and stamps State of Telanoana. Mukharamiahi road, Hyderabad-1 il;bY;i;i il;di;di;'Resistraiion and Stamps Department At Sonv complex' APIIC Road Balanagar, R. R. District -37 ffi S;tR;E;iiar, "negistraiion ind Stamps Department, Plot no 5 opp IDPL Balanagar, R. R. District-37 "**Sr"O-i"gitirar, ' Uppal' Medchal-Malkaigiri Dist.-39 i;. tGii;;i, B;6t, 5lo t-at" sri Balakrishna r/o plot no 26 street no sA New Naqole, R.R. District-3s oii,-sl" late sri Balakrishna r/o H. No' 2-6-6 Bharath nagar ij i;;t;;; uooal. ttr'ledchal-Malkaioiri Dist 39 F:"#;h;;:'s/"'i. #i.;th ajuu Rgeo 37 vears occ Business r/o plot no 26 street"no.gA New Nagole, R R District-35 p. Fuurn, Slo P. Haniuman Das Aged 26 years r/o H No 2-6-6 Bharath nagar Uppal, tvledchal-Malkajgiri Dist39 Registration and Stamps Department' At no '1-7311 ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ or direction preferably writ of Mandamus declaring the action of the respondent no.4 in registering cancellation of Gift Settlement deed dt.g-2-2017 vide doc. No. 1 031/201 7 that was presented by respondent nos 6 and 7 and further execution of Gift settlement deed by them in favour of respondent nos.8 and 9 at the office of respondent no.5 vide docNo. 198812017d1..17-2-2olTinrespectofsamepropertyi.e.housebearingno.2-6- 712, (new no.2-6-514) admeasuring 354 66 sq yards or 296'49 sq meters situated at old village Uppal, Uppal(M) R.R. District, presently Medchal- Malkajgiri District, as illegal, arbitrary, without authority and violative of principles of natural justice and consequently cancel the cancellation of gift settlement deed dt.9-2-2017 and gift settlement deed. 17-22017 executed and registered in the office of respondent nos.4 and 5 l.A. NO: 1 OF 2017 (WPMP. NO: 16038 OF 20171 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 stay the operation of the cancellation of Gift settlement deed dt.9-2-2017 vide doc'No.lo3ll2olTexecutedbyrespondentnos.6andTregisteredby respondent no.4 in respect of the property i.e. house bearing no.2-6-7 12, (new no.2-6-5t4) admeasuring 354.66 sq. yards or 296.49 sq. meters situated at old viltage Uppal, Uppal(lv) R.R. District, presently Medchal-Malkajgiri District, pending the disposal of writ petition in the interest of justice' Counsel for the Petitioner: SRl. RUPENDRA MAHENDERA Counsel for the Respondent Nos. 'ttoS: AGP FOR REVENUE Counsel for the Respondent Nos.6to9: - The Court made the following: ORDER 1 SK, J THE HONOURABLE SRI JUSTICE I{.SARATIr wRIT PETITION No.l29O3 OF 2017 ORDER: Heard the learned Counsel for the petitioner, I learned Assistant Government Pleader for Revenue appearing for the official respondents. In spite of scrvice of notices none appeared for the respondcnt Nos.6 to 9. 2 In the instant writ petition, the petitioner 1S questioning the action of the re spondent No.4 in registering the Cancellation of Gift Settlernent Deed datecl 09.O2.2O17 vide d<>cument No. 1O3 I /2017 . presented by the respondent Nos.6 and 7 in respect of the property House bearing No.2-6-7 /2, No.2-6 5/4), admcasuring to an exlent of 354.66 Sq.Yards or 296.49 Sq.Meters situated at old Viilage (new Uppal, Ranga Reddy District, now in Medchal-Malkajgiri District and also furthcr execr-rtion of another Gift / ., SK, - Settlement Deed at the ofhce of respondent No.5 1n favour of respondent Nos.8 and 9. 3 The learned Counsel for the petitioner would subrnit that the p<:titione:r is the owner and possessor of tLre house bearing No.2-6-5/4 (old No.2-6-'7/2), adrneasuring to an extcnt of 354 Sq.Yards, situated at Bharathnagar, Uppal, Medchal-Malkajgiri District (hereinafter referred to a 'subject property'), having acqurired the sarrle through Gift Settlernent Deed No.11809 of 2OO4, dated {o1.12.2OO4, executed by respondent Nos.6 an<l 7, who are rnaternal uncles of the petitioner.

4. The learned Counsel for the petitioner would sr.rbrnit that while it being so, the respondent Nos.6 and 7, without issuing any notice to the petitioner, cancelled the registered Gift Settlernent deed on

09.O2.2O17 execr-rted in her favour. The respondent No.4 has no jurisdiction to register the cancellation 3 SK, J deed presented by the respondent Nos.6 and 7. The Gift Deed execlrted in favour of the petitioner was registered in the office of respondent No.5, whereas the -cancellation of the said Gift Deed was done in the office of respondent No.4, without consent of the petitioner as required byRule-26 (1) (k) of Telangana Rules under the Registration Act, 1908.

5. The learned Counsel for petitioner would fi.rrther submit that this Court, rn vrew of the Judgrnent ln Thoto. Ga.nga. La.-x.tni as. Goaernntent of Andhra. Pra.deshl and llaji Mohanttned Ahtned Vs. State of Andhra. Pra.desh, rep. bg its District Registrar, Ifgdera.bad and others2, while adrnitting the Writ Petition, granted interim order on 12.O4.2Ot2 in WPMP No.16O38 ot 2017 in WP No.l29O3 of 2Ot7 suspending the operation of docr-rrnents. In spite of lapse of rnore than eight irnpugned ' 2012 [1) ALD 90 SC ) 4 !I SK, J years, the respondents have not filed vacate petition or counter denying the averments made by the petitioner and requested to cancel the Cancellation of Gift Settlement Deed clated Og.O2.2OI7 and subsequent Gift Settlement Deed dated 77.O2.2O17.

6. The learnecl Assistant Government pleader for Stamps and Registration did not dispute with regard to the Judgments passed by this court in Thotq Ga.nga. La-x.tni us. Goaernntent of And.hra. prq.desh and lfa.ji Mohanttned. Ahrned Vs. State of Andhra Pra.d.esh, retrt. bg its Distrtct Registra.r, Ifgd.eraba.d. qnd others and requested to pass appropriate orders. In view of the same

7. disposed of by cancelling the document No.1O37/2017 dated C,9.O2.2O17 presented by the respondent Nos.6 and 7 and the subsequent the writ petition is 5 SK, J Gift Settlernent Deed No.tgga / 2Ol7 17.O2.2O17 executed by respondent Nos.6 and 7 in favour of respondent Nos.8 and 9.

8. Miscellaneous petitions pending, if aly, shall stand closed. No order as to costs. //TRUE COPYII sD/-S. MALLIKARJUNA RA SISTANT REGISTRA o SECTION OFFICER EC riat, T.S., IlSJ.:i:f-i'rtecretary' Revenue Department, The Commissioner and lnspector General Registration , and Stamps State of Telangana, Mukharamjahi road Hyderabad-1 The District Res istrar, Registra tion and Stam ps Department At Sony complex, APIIC Road Balanagar, R, R. District -37 The Sub Registrar, Registration and Stam ps Department, plot no.S Opp lDpL Balanagar, R.R. District-37 The Sub Registrar Registration and Stamps Department, At no..l _73 l1 , tJppal, Medcha l-Maikajgiri Dist.-39 One CC to SRI RUPENDRA MAHEN DERA, Advocate [OPUC Two CCs to Gp FOR REVENUE ,High Court for the State of Telangana at Hvd Two BM GJP erabad [OUT CD Copies I oT 1 2 a\)

6. 7. o. s HIGH COURT DATED:2910412025 I I ORDER WP.No.12903 of 2017 ({ l ilE s)A Ci (' Q^ 2 5 ,tutl zozq a- o 9 ,,, \.i-- ,ll. ,,2. i-'. DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS oof' WV