Buchireddy @ Jambula Ravinder Reddy v. The State of Telan

Pgtition under section 151 cPC praying that in the circumstances stated in the qffidayit filed in support of the petition, the High Court may he plqasef, to dispense with the personal appearance on '1 '1 ,1 1.2024 of Petitioner /Respondent No.4 in the present writ Petition and also dismiss the writ petition as devoid of merits. ' 7 Counsel for the Petitioner: SRI CHAVALI RAMANAND Counsel for the Respondent No.1 to 4: AGP FOR STAMPS & REGISTRATION counsel for the Respondent No.s: sRl B.vtJAY SIMHA REDDY The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.27755 of 2O1.8 ORDER Heard lcarned counscl lor thc pctitioner and learned Assistant Govcrnment Plcadcr lor Stamps and Registration appearing for the respondent Nos. I to 4 and learned counsel for the respondent No.S and peruse:d the entire material on record.

2. Learncd counsel for the pctitioner strbmits that aggrieved by thc unilatcral cxccution ald rcgistration of the Revocatio:r Gift Settlcment dated 23.09.2016 presented by the respondent Nos.4 and 5 uide Document beerring No.5588 of 2016 on the file of the respondent No.4-Joint Sub-Registrar 14. Saroornagar, Rangareddy District, the petitioner filed thc pre sent Writ Petition

3. Lear-ne d counsel lor the petitioner further submits that the unofhcial respondent has executed the Gift Settlement Decd lrl favour of ttre petitionr:r through document No.639 of 2012 on ttre file ol the Sub-Registrar, 2 \ttp 2 t- ,- i5 2oti SK, J t!\ - \ Maheswaram, Ranga Reddy District on 12.01.2012. Thereafter, the respondent No.5 has fited o.S.No. 1,97 of 2016 on the file of the principal District Judge, Ranga Reddy District, L.B.Nagar, for cancelation of said Gift Settlement Deed. Pending above said suit, the respondent No.S has presented Revocation of Gift Settlement Deed., which is unilaterally executed and registered by the respondent No.4-Joint Sub-Registrar and the saile is contrar5r to the Rule 26(i)(k) of the Telangana Rules under the Registration Act, 190f1. Therefore, learned counsel requested this Court to allow the writ petition by setting aside the impugnecl Revocation of Gift Settlement Deed bearing No.5588 of 2016 on the file of the respondent No.4 executed by the respondent No.5

4. Learned counsel for the unofficial respondent has not disputed the pending o.s.No.79z of 2016 on the file of the principa,l District Judge, Ranga Reddy District, L.B.Nagar filed by the respondent No.5 for canceilation of said Gift Settlemenr Deed bearing Document No.639 of 2012 on the file of the Sub_Registrar, Maheswaram, Ranga 7 3 SK, J Wp 27755-20I8 Reddy District and the said suit is at the stage of trial' Therefore, requested this Court to pass appropriate orders'

5. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that the respondent No.4 herein registered the alleged Revocation of Gift Settlement Deed dated 23'09'2016 without participation of the petitioner herein or any order of the competent authority ald the same is contrary to the Rule 26(i)(k) of the Telangana Rules r-rnder the Registration Act, 1908

6. Rule 26(i)(k) of the Teiangana Rulcs under the Registration Act, I908 is reads as follows: . Rute 26(i)(k):- That the Cancellation Deed of ttrc preuiouslg registered deed of conueLlance on sale of immouable propertg is executed by both the executing and. the claiming parties thereof unless srt'ch Cancellation Deed is executed under the orders of a competent Court or under Rule 243."

7. In view of thc alorcmcnLitlned Rule, both the parties have to contest their grievance in O'S'No'197 of 2016 on the file of the Principal District Judge, Ranga I I I I 4 -'',l SK, J \Vp_.2 7 ? 5.t_90 t s I Reddy District, L.B.Nagar, for cancellation of documents. B In view of above circumstalces, the Writ petition is allowed by setting aside the Revocation of Gift Settlement Document bcaring No.SSgB of 2016 dated 23.09.2016 on the file of lhe respondent No.4-Joint Sub_ Registrar- 14, Serroornagar, Rangareddy District and granting liberty to the petitioner as well as the respondent No.5 to agitate their rights in O.S.No. 1.97 of 2016 on the file of the Principal District Judge, Ralga Reddy District, L.B.Nagar.

9. Miscellancous pctitions, pending, if any, in this wrllpellion shall stand closed. No order as to costs. //TRUE COPYII SD/-T. TIRUMALA DEVI DEPUTY REGIS SECTION OFFICER To,

1. The Principal Secretary Revenue (R and S) egistration and Stam ps Depa rtment, Secretariat Buildings, Saifabad, Hyd bad, State of Tel angana. 2. The Commissioner and lnspector General of Stamps Registration, 5-3-953, Registration Bhavan, 4th and 5th Floor, Niza mshahi Road, Osmangu nJ, M.J.Market, H yderabad, Telangana 500001 The District Reg y District The Joint S g One CC to SRI CHAVALI RAMANAN D , Advocate [OP UC] One CC to SRI B.VIJAY SIMHA REDDY, Advocate [O PUCI Two CCs to GP FOR STAMPS & RE Telanga [OUI B. Two QD GISTRATION, High Court for the State of istrar, Ranga Redd ubRegistrar-14, Saroo na at Hyderabad Copies ar, Ranga Redd y District J 4 R 6 7 BSR W BS \ I .tATE O I '7, C, Ttl t\ \t* 3 ,-t HIGH COURT DATED:2910412025 ORDER WP.No.27755 of 2018 ALLOWING THE WRIT PETITION, WITHOUT COSTS .OPAA 1\ &*