✦ High Court of India · 01 Jul 2025

High Court · 2025

Case Details High Court of India · 01 Jul 2025
Court
High Court of India
Decided
01 Jul 2025
Bench
Not available
Length
1,617 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 or order more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 and 3 in not cancelling the forged Registered sale deeds bearing Doc.No. 8767 of 2022 dated 121612O22 and Doc.No. 8768 of 2022 daled 121612022 standing in favour of tr,4ohammed Muzammil S/o Ahasan [\/azhar in respect of plot no.6 in Sy.No. 95 Admeasuring 181 Sq.yds situated at Balapur Village and Mandal, Ranga Reddy District and Forged Registered sale deeds bearing Doc.No. 9788 of 2022 dated 11812022 and Doc.No. 9789 of 2022 dated 11812022 standing in the name of [\,4ohammed Arshad Khan S/o Mohammed Hameed in,respect of Plot no. 6 in Sy.No. 95 admeasurrng '181 Sq.yds situated at Balapur Village and Mandal, Ranga Reddy District and Plot no. C16 in Sy.no. 95 Admeasuring 181 Sq.yds situated at Balapur village and mandal Ranga Reddy District by impersonating the petitioners on the file of the 3rd Respondent as illegal, arbitrary,unjust and also against the provisions of Registration Act. l90B and Against Articles 14,19 and 300 A of Constitution of lndia. |.A.NO:1 OF 2022 Petition Under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 and 3 not to entertain any deeds or documents that are submitted by the Respondents 4 to I and claiming through them in respect of the petitioners property i.e. Plot no. 6 in Sy.No. 95 Admeasuring 181 Sq.yds situated at Balapur. Village and Mandal, Ranga Reddy District belongs to the 1st petitioner and plot no. C-16 admeasuring '181 Sq.Yds covered by Sy.No. 95 Situated at Balapur village and mandal, Ranga Reddy District forthwith pending disposal of the above writ petition. |.A.NO:1 OF 2024 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 order for substitute service of summons to the respondents 4 to 9 in WP No.46898 of 2022 by way of paper publication in any local daily newspapers in the interest of justice. Counsel for the Petitioners : SRI Y.BALA MURALI, ADVOCATE FOR SRI MOHD ISHTYAQ AKBAR Counsel for the Respondent Nos.1 to 3 : Ms. S.SRAVANTHI' AGP FOR REVENUE Counsel for the RespondentNos.4 to 9 : - The Court made the following ORDER -) THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.46898 of 2022 ORDER: Heard learned Counsel appearing lor the petitioners and Ms. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record'

2. Learned counsel for the pelitioners subr:nits that the petitioners are questioning the action of the respondet'rt Nos.2 and 3 in not cancelLing the forgcd l?egistercd Sale Deeds bearing Doc.No.8767 of 2022 dated 12'06 2022 and Doc.No.8768 of 2022 dated 12.06.2022 standing in favour o[ Mohammed Muzammil S/o Ahasan Mazhar in respect of Plot No.6 in Sy.No.95 admeasuring 181 Square Yards situated at Balapur Village and Mandal, Ranga Reddy District and Forged Registered Sale Deeds bear ing Doc.No.9788 ol 2022 dated 01 .Oa.2O22 and Doc No.9789 of t \ i i I l I I I a SK,J W.P.No.a6898 of 2022 2022 dated 01.O8.2O22 standing in the name ol Mohammed Arshad Khan S/o Mohammed Hameed ir-r respect of Piot No.6 in Sy.No.95 admeasuring 181 Square Yards situated at Balapur Village ald Mandal Ranga Reddy District and Plot.No.C16 in Sy.No.95 admeasuring 1Bl Square Yards situated at Balapur Village and Mandal, Ranga Reddy District by impersonating the petitioners on the fite of the respondent No.3.

3. Learned counsel for the petitioners further submits that at the time of admission, the petitioners filed I.A.No.1 of 2024 for substitute service of notice to the unofhcial respondent Nos.4 to 9 by way of paper publication in any local newspapers and this Court allowed the I.A.No.1 of 2024 and the said notices were served to the unofficial respondents. In spite of serving notice, none appeared on behalf of the unofhcial respondents I I .) \ SK,J W.l'. No.46898 of 2022

4. Learned counsel for the petitioners further submits that as per the counter of the respondent No.3, the respondent No.3 has made an enquiry in the District Registrar Olhce, Ranga Reddy District about genuineness of validations of Endorsements said to have been va-lidated vide File No.1063lEl2022, dated 28.06.2022 and File No.lO62lEl2022, dated 28.06.2022 by the then District Registrar, Ranga Reddy. On enquiry it has been revealed that no such Special Por.r.er of Attorney documents have been validated through the above Endorsemerrts and the respondent No.6 has produced fake Special Power of Attorney documents along with fake Sale Deeds before the respondent No.3 herein. Immediately on 31.01.2023, the respondent No.3 herein has given a complaint to prosecute the olfenders under Section 82 and 83 of the Registration Act, 1908 to the Station House Officer, Kanchanbagh Police Station vide Lr.No.6Ol2023, dated 31.01 .2023 after catne to the knowledge of the unofficial respondents 1n 4 s(,J W.P.No.46898 of 2O22 \ i l .l misleading the respondentNo.3-Sub-Registrar, Champapet by taking permission from the respondent No.2-District Registrar vide Lr.No.56/2023, dated 30.01 .2023 to launch prosecution against respondent No.4 and others. The respondent No.3 has informed the petitioner that lor Calcellation of Sale Deed or Agreement of Sale cum GpA documents, as per the Registration Rule 26(i)(k)(i) of A.p. Rules under the Registration Act, 1908, both the parties i.e., Sellers and Purchasers must execute/ sign the Cancellation Deed arid the same has to be registered or Sale Deed will be cancelled on the orders of competent Civil Court or High Court or State or Centra1 Government.

5. In the instalt case, the ' official respondents conducted enquiry and found that basing on the lake validated documents alleged registration was done by the registering authority and the respondent No.3 already made compiaint to the Police in Lr.No.56/2023, dated 30.Ot.2O2g addressed to the Station House Ofhcer, Kanchanbagh 5 SK,J W.P.No.46898 of 2022 Police Station to launch proseclrtion against respondent No.4 and others.

6. Learned counsel lor the petitioners rightly contended that the respondent authorities registered the documentr; basing on the forged documents and the same is liable to be cancelled. On the other hand, the unofhcial respondents in spite of service of notice have not appeared before this Court. I I In view of the above circumstances, the writ petition 7. is disposed of directing the respondent Nos'2 and 3 to I cancel the Registered Sale Deeds bearing Doc.No.8767 of 2022 d,ated. 12.06.2022 and Doc.No.8768 of 2022 dated

12.06.2022 in respect of Plot No.6 in Sy.No.95 admeasuring 181 Square Yards situated at Balapur Village and Mandal, Ranga Reddy District and Registered Sa-ie Deeds bearing Doc.No.978B of 2022 dated 01.08 .2022 arrd Doc.No.9789 of 2022 dated. 07.O8.2022 in respect of Plot No.6 in Sy'No'95 \. ---r 6 - s/<,J W.P.No.46898 of 202J admeasuring 181 Square yards situated at Balapur Village and Mandal Ranga Reddy Districr and plot.No.Cl6 in Sy.No.95 admcasuring lg1 Square yards situated at Balapur Viliage and Mandal, Ranga Reddy District, on the hie of the respondent No.3. There shalt be no order as to costs. Miscellaneous petitions, if any, pending shall stand I clo sed //TRUE COPY// SD/-A.V.S.PRASAD PUTY REGISTRAR SECTION OFFICER BRKR Bhivan, Tank Bund, State ofTelangana at Hyderabad - Complex, Kukatpalty, Ranga Reddy District.

1. The Principal secretary, stamps and Registration Department, secretariat, 2. The District Registrar, Stamps and Registration, Ranga Reddy District at sony 3. ih; Sub Registiar StampJand Relistration' Champapet, Ranga Reddy 4. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at s ohe cc to sRl MbHD ISHTYAO AKBAR, Advocate [oPUC] 6. Two CD Copies Hyderabad. [OUTI District. To SA GJP -, 1 A r(- Qt ($( 7_ c) .st ) 1n 2s lljt 2m t Op 19 r cYi =--a- HIGH COURT DATED:01t07!2025 ORDER WP.No.46898 of 2022 DISPOSING OF THE W.P WITHOUT COSTS. a

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