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2017 Supreme(AP) 822

M.S.RAMACHANDRA RAO
Ragam Enterprises, Ranga Reddy District – Appellant
Versus
State of Telangana – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Y.V. Ravi Prasad, Dharmesh D.K. Jaiswal
For the Respondents:Advocate General

ORDER :

M.S. Ramachandra Rao, J.

1. Heard Sri Y.V. Ravi Prasad, learned Senior Counsel appearing on behalf of Sri Dharmesh D.K. Jaiswal, Counsel for petitioners, and the learned Advocate-General for the State of Telangana, for respondents. The petitioners in this writ petition have questioned the action of respondent Nos. 2 and 3 in unilaterally cancelling two registered sale deeds being document bearing Nos. 11887/2007 dated 23.5.2007 and 11887/2007 dated 23.5.2007 in respect of lands in Kandi Chimnapur Village, Sanga Reddy Mandal, (now Kandi Mandal), Sanga Reddy District.

2. The learned Senior Counsel, appearing for petitioners, contended that the power to cancel documents is a power vested in the civil Court under the provisions of the Specific Relief Act, 1963; such power, which is judicial in nature, cannot be conferred on an Executive Authority like the 3rd respondent, and this violates the doctrine of 'Separation of Powers'; and Rule 26(k), introduced in the State of Telangana vide G.O. Ms. No. 121 Revenue (Registration-I) Department dated 1.6.2016 with retrospective effect from 2.6.2014, and Rule 243 thereof which authorizes an Executive Authority like the Tahsildar to execute







































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