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2017 Supreme(AP) 238

M.S.RAMACHANDRA RAO
Ediga Chandrasekar Gowd – Appellant
Versus
State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue (Registration and Stamps) Department – Respondent


Advocates Appeared:
For the Petitioner: Sri P. Roy Reddy.
For the Respondents: Sri Vedula Venkata Ramana and Nidgunde Santosh Reddy.

ORDER :

M.S. Ramachandra Rao, J.

1. In this Writ Petition, the petitioners assail the action of the District Registrar, Stamps and Registration Department, Hyderabad registering cancellation deed dated 23-12-2008 (Doc. No. 3247/2008) cancelling an agreement of sale-cum-irrevocable General Power of Attorney (with possession) dated 19-04-2008 and they seek a declaration that this action is without jurisdiction, contrary to the provisions of the Registration Act, 1908 and the statutory Rules framed thereunder.

2. It is not in dispute that respondent Nos.3 to 17 had executed an agreement of sale-cum-irrevocable General Power of Attorney (with possession) on 19-04-2008 being doc. No. 1049/2008, in favour of petitioners in respect of an extent of 8372.2 sq. yards of land in part of Sy. Nos. 137/1 and 2, 138, 139 corresponding T.S. Nos. 15 to 20 and 30P of Amberpet, Hyderabad. Though the document recites that possession of the land was delivered to petitioners, it is pleaded by them that in fact physical possession was not handed over and they had issued instructions to stop payment of the amounts due under the cheques that were issued towards payment of part sale consideration. They contend


























































































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