✦ High Court of India · 21 Feb 2025

1. Manuka Shekar v. 1. The State of Telangana

Case Details High Court of India · 21 Feb 2025
Court
High Court of India
Decided
21 Feb 2025
Bench
Not available
Length
1,079 words

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 a writ order, or direction more particularly one in the nature of writ Mandamus declaring the action of the 4th respondent in receivipg, registering and releasing the impugned Revocation of Gift (Settlement) Deed No. 6768/2019, dated 01.07.2019 and Doc.No.676612019, dated 01.07.2019, in absence of the petitioners, without following due process of law, as highly illegal, arbitrary and against the provisions of law and contrary to the provisions of the Registration Act, 1908 apart from violative of Article 300-A of the Constitution of lndia. lA NO: 1 OF 2024 Petition under section 151 CPC praying that in the circumstan<;es stated in the affidavit filed in s upport of the petition, the High court may be pleased to direct the.:4th respondert to forthwith cancel the impugned Revocalion 9f Gift (Settlement) Deed rlo. 676812019, dated 0'l .07.20 19, and Doc.No 676612019' dated 01 .07.2019, t y following due process of law, pending disposal of the writ petition. Counsel for the Petitioners: SRI M. JAYASIMHA REDDY. Counsel for the Respondents: ASST. GP FOR STAMPS & REGISTR,ATION The Court made the following: ORDER I 4 HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR ORDER: WRIT PETITION No.2 8703 of 2024 This writ petition is filed seeking the following prayer:_ '_iF^!::]:*,:* action of ttu 4tt, responrtent in receiaing, registering and ,::r:r:! impugned Reuocation of Gt/t (Settle-ieni) Deed No. -the 67682019, dnted 01.02.2019 and arut' Dic.No.676ipOlS Aot a tu.:: *r. of t.h e p e t i t io n e r s, u, i t ho u t fo I tow i n' g d ue p roce s s o] 9!,!, ?,., :, oJ La.u, as highly illegal, arbitra_ry and against the'proaisiois of laut and. ^,tu !r:y,:i?"'_ol ty Registration Act 1e08 apart ftom 1:,r::ry arclahae oJ Article 300-4 ol the Constitution ol India.,, ,: 2' Briel facts of this writ petition are that the petitioners' gran<I father with an intention to gift agricultural land admeasuring to extent of Ac.0_11 1/z gts in sy.No.47, Ac.0-16 rz gts insy.No.49A, under schedule-I and land admeasuring Ac.0-30 gts in Sy.No.51, Ac.0_15 gts in Sy.No.52A/A and Ac.0-09 gts in Sy.No.sO, in Schedule-Il to petitioner No.1 and agticultural land admeasuring to extent of Ac.0-11 % gts in Sy.No.47, Ac.0_16 1/z gts in Sy.No.49A, under Schedule-I ancl land admeasuring Ac.0_30 gts in Sy.No.51, Ac.0-15 gts in Sy.No.52A/A and Ac.0_09 gts in Sy.No.SO, in ScheduleJl, Thippapoor p.N.Villag, Vemulawada Mandal, Karimnagar District, to petitioner No.2, executed gift deeds and the same were registered zrldr Doc.Nos.1622 and 1623 of 2016 dated 24.02.2076 and the petitioners were in peaceful possession of the subject property. .Ihereafter, the donor of the said gift deed without knowledge of the petitioners, approached respondent No.4 arttl presented revocation of gift (seftlement) 2 deeds and thr: rcspondent No.4 has registered the same aide Doc .Nos. 6768 and 6766 of 2r)19 dated 01,.07.2019. Aggrieved by the same, this u-rit petition is filed.

3. Learnrd Assistant Government Pleader appearing fot'llspondents placed on 'ecc,t d inskuctions issued by Joint Sub-Rcgistrar', SRO Vemulawada. relevant portion is extracted hereunder:- "Late in the year of 2019 on 01.07.2019 Si.Manuka RajanLailu S/o l'.amni ah, R/o Thippaoor had unilaterally executed and pre:;e: tted tout Reooution of Gift settlement deeds i c., 1.622t2015 and L623/2076. And the then Sub Ilegistrnr k':'pt both ht r tatments pending utith PendinS doct Nos. P21/2(.)19 nnri I 261)t)L9. Later tht Srtb Registrar rtide His Lr.No.89/2019, dt.()j 07 ,t\)19 askzd t'or the clarifcation of the Dist, Rtgistrt, Kati,mngur. Further the Dist. Registrar, karinutagar t; de G1//3 32/2019, Dt.21.07.2019. Claified to follout Lhe circular instn,,clic,rLs issued by thr C&IG @eS), Hydtt-nl ad procAs.No.Gl/105472009, dt 30.04,2009, ruhere irt it ioas cleorly itt,;tructed that the restrictions under RR 26(I(.) is applL abk'- to Sale . deeds only. further she cluit'ed t]trtt '.he Ho;i e Dioision Bench of High Court of ludicottu'e at Hydtrahao' in WP.N0.1486 of 2004,Dt.11.10.2004 tffinned the order o;f llie learned single judge and dismissed the nppcnl '!'he lenrn d s;rtgle jrLdge in W.P.No.140072004 disntissr'.d llrc l\.P. lnlCi tg tlnt a parll aggieoed by regtstration of a docLtmen' to file a surt. Lnler the Sub Registrar released the pending document antl ,rcsiprcd regular numbers as 6766/20149 nnd 6768/2CL9, dt.lL3 0/'/,)19."

4. Hearc learned counsel for the petitioners and le'arne':l Assistant Government Plr:ader {or Stamps and Registration appearing for respondents 3

5. In the case on hand the registering authority had received the revocation of gift (settlement) deeds dated. 0_1.07.2019 and by following instructions issued in proceeding bearing procgs.No.Gl/ 10547 / 2009, d,ated 30.04.2009, registered the same arde Doc.Nos.6 Z6g and 6766 of 2079 and thereafter the same were released. Since, the above documents are registerefl and released, no mandamus can be issued and writ petition being devoid of merits, fails and is liable to be dismissed. 6' For the foregoing reason, this writ petition is dismissed. However, this order does not preclude the petitioners from filing suit before the competent court. Miscellaneous applications, if any pending, shall stand closed No order as to costs SD/.P. CH. NAGABHUSH ASSISTANT REGI BA R //TRUE COPYII SECTION OFFICER

1. One CC to SRI M. JAYASIIMHA REDDY, Advocate IOPUCI 2. fwo CCs to GP FOR STAMPS & REGISTRATION, -High Cburt for the State of Telangana. [OUT]

3. Two CD Copies To, BN BSw HIGH COUR'T DATED:21 10212025 ORDER WP.No.287"03 of 2024 \ I i -- _ -4:":a:= ,,rrJSi-,i,: -t\ oA 5 e o 01 ApF i[25 ? a * * :o a.l r,,r.(, rl -'::a= DISMISSING THE WRIT PETITION WITHOUT COSTS 6 1 lule{

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