The action of the 2nd respondent in unilaterally cancelling the registered gift deed dated 8.7.1985 (document No.466/85), by virtue of the cancellation deed dated 25.6.2011 (document No.848/2011) is questioned in this Writ Petition as being arbitrary and illegal.

2. The 3rd respondent is the petitioner’s mother who had earlier gifted the subject property in his favour. On the ground that the said gift deed was cancelled unilaterally behind the petitioner’s back, and without putting him on notice, the petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India. Despite notice having been served on the 3rd respondent on 10.9.2011, and proof of service having been filed on 19.9.2011, the 3rd respondent has not entered appearance either in person or through counsel necessitating this Writ Petition being disposed of at the stage of admission.

3. The Supreme Court, in Thota Ganga Laxmi v. Govt. of A.P.Judgment in Civil Appeal No.791 of 2007 and batch, held that if any sale deed is required to be cancelled, the only remedy is by way of a civil suit for cancellation, but no cancellation deed can be unilaterally executed or registered. The