ITPETITto v. jsf
Case Details
Acts & Sections
3. The District Registrar, Ranga Reddy. 4. The District Collector, Ranga Reddy District. ' I::f;/";,Jilie 6. The Tahsildar, Chevella Mandal, Ranga Reddy District. 7. The Sub-Registrar, Chevella, Ranga Reddy District. 8. Sri Valike pandu alias.Buchaiah, S/o. Iate yellaiah, Aged about 62 vears Divisionalofficer, cheveila Revenue Division, chevdtia, Ransa n N " 1 -5'e; [p p;;;i irffi ; vtr;; ": M;i ;ilEivr-, n o a r, 8ff ,it{'""Jl}'3i#,& g. Sri Yenkamola Krishna, S/o, y. Venkaiah. Aoed R/o. H.No. S-21 .Rait ReddyDistricts0l'#i;A;"[i'i'.i'v1'31#3fr 5fl i,,J33T;oofi '";'+tii:H,.4 "Ri]5-%"d",*f, [:fl,:lf (ii,#:'ffX;Affi ,^fj"r.:i'R,?3:$gl,ff ,H,:i;,y8o?;0. ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit tf.a ineiewltt, tf,. Ui.g[,C;r;;;;" pleased to issue an appropriate writ, oioer ti d,i..,,on, more in the nature of / ' ' 't - 1+t^'o<nond.^t in reqistering the sale Deed parties IA NO:1 OF 2024 -ittt Petition under Section 151 CP the atfidivit filed in support of the pet respondent to cancel the i'r," li.lz.zool and the Sale Deed Doc disposal of the main writ Petition lA NO: 2 oF 2024 C praying that in the circumstances stated in ition, the High Court may oe pleaseqlo qir:cl "'3rr""'o""1 ooc. t'to 'l 1269/2007 dated . i"ir+s/i019 dated 28 07'2018' pending Petition under Section 151 CPC praying ttlat in the circumstances stated in the affidavit filed in supporf of ttre petition, if'" Hiift Court may be pleased to direct the 9th and 16th respondenG not io alienate the Agricultural Land in Sy.No. 786/a, .Or*r*ting nc.z-ti0 Gts, situated at Kandawada Village' Kandawada Gram Panchayat,-ChevellaMandal,RangaReddyDistricttothirdparties'pending disposal of the main writ Petition Counsel for the Petitioner: SRl. SANNIDHIRAJA MALLESWARA RAO Counsel for the Respondent Nos.1 to 7: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent Nos.8 to 10: -- The Court made the following: ORDER SK, J W.P.No.31349 of 2024 THE HON'BLE SRI WSTICE K.SARATH . ORDER: W.P.No.31349 of 2024 This writ petition is hled questioning the action of the respondent No.7 in registering the sale deed Doc.No.1126912007 dated 15.12.2OO7 and the sale deed Doc.No.4l49/2019 dated 28.07.2018 in respect of the agricultural land admeasuring to an extent of Ac.2-00 gts 1n Sy.No.786/a situated at Kandawada ViIIage, Kandawada Gram Panchayat, Chevella Mandal, Ranga Reddy District as illegal and arbitrary and to direct the respondent No.7 to cancel the said sale deeds
2. Heard learned counsel for the petitioner and learncd Assistant Government Pleader for Stamps and Registration.
3. Learned Counsel for the petitioners submits that the petitioner is absolute owner and possessor of the 2 SI(, J W.P.N,r.313.19 of 2024 agricultural land admeasuring to an extent of Ac.2-OO gts in Sy.No.7B6/a situated at Kandarva<1a Village, Kandawada Gram Panchayat, Chevella Mandal, Ranga Reddy Disl.rict, having inherited from'his ancestors and he had executed an Agreement of Sale-cum- General Power of Attorney bearing Doc.No.1227 l2006 dated 02.02.2006 in favour ol the respondent No.8 in respect of the said land, but he has not exccuted ary reguiar sale deed nor handed over the physical possession of the subject land in favour of the respondent No.8. He submits that basing on the said Agreement of sale-cum-General Power ofAttorney, the respondent No.B himself cxecuted and got registered a sale deed vide Doc.No.11269 l2OO7 dated tS.l2.2OO7 in his favour iilegally and got mutated his name in the revenue records and also illegally executed a registered Doc.No.414g l2olg dated 28.07.2018 in favour of the respondent Nos.9 bearing and 10 without having any valid title or right over the_._. I t SK, J W.P.No.31349 of 2024 subject land and he requested the respondent No.7 to cancel the said sale deeds by directing the respondent Nos.9 and 10 not to alienate the subject land to third partie s.
4. Learned Assistant Government Pleader for Stamps and Registration submits that the writ petition is not maintainable as the respondent No.7 has no authority to cancel the sale deeds and requested to dismiss the writ petition
5. After hearing both sides and perusal of the record, this Court is of thc considered view that the petitioner is questioning the action of the respondent No.7 in registering the sale deeds dated 15.12.2007 and 28.07.20 18 in respect of the subject property and also a direction to the respondent No.7 to cancel the I said registered documents. The respondent No.7 is not the competent authority to calcel the sale deeds. The petitioner without approaching the competent Civil 4 SK, J W. P.No.31349 of 2024 Court hled this writ petition ald the same is not maintainable. If the petitioner has aly right over the subject property, he has to approach the Oivil Court for declaration of his right.
6. In view of the civil dispute raised by the petitioner for cancellation of the sale deeds, without going into the merits of the matter, the Writ petition is closed granting liberty to the petitioner to zrpproach thc competent Civil Court with regard to his right and title over the subject property in appfopriate proceedings. No order as to costs.
7. Miscellaneous Applications, if any pendrng in this writ petition, sha-ll stand cl<-rsed - L,LA PUTY KSHM REGI I BABU STRAR SDI PE \'r ,,TRUE COPY" \ secrloN oFFlcER Secretariat Buildings' R'"':,*13f;:f;1il;jx"'li"j:*iJ'3ftx'?:il0" The Principal Secretary' Revenue Department' Hi;;';b"a ' x*;r:it***:*r- ;" ;;;", co*ector, -.T::::T":$"J","nu. The Revenu-e. Divisional C ReddY Distnct Division, chevdria' Ransa i I i To, 1 2 3 4 5 ,: \ I
6. The Tahsildar, Chevella Mandal, Ranga Reddy Diskict. 7. The Sub-Registrar, Chevella, Ranga Reddy District B. One CC to SRt. SANNTDHTRAJA MALLESWARA RAO Advocate [OpUC] n IH?"T?:?,3:Ifl"tt'PS AND REGrsrRA,oN ,High court rorthe a*o CD Copies ^^JO PSK HIGH COURT DATED:18 tO312025 ORDER WP.No.31349 of 2024 I I -/: (-)" I -11: S 14 t.,: I/: i,j !' j i'l \_ 04 AUC 206 I ,,/ '.,/ CLOSING THE WRIT PETITION WTHOUT COSTS t. ! ,1 t\