IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
V. Sujatha, J.
M/s. Sri Udaya Bhanu Associates, Rep. By its Managing Partner - Petitioner
Versus
The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Registration And Stamps) Department and ors. - Respondents
Writ Petition Nos.41920, 41921 and 41922 of 2015, W.P.Nos.367, 484 and 485 of 2017,
Decided On : 19-04-2023
ORDER :
V. Sujatha, J.
As the issue involved in all these cases is one and the same, with consent of all, these writ petitions are decided by this common order.
i) W.P. No.41920 of 2015 :
The writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
“...to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Certiorari to call for the records relating to the order passed by the 2nd respondent dt.17.12.2015 in Appeal No.1 of 2015 and quash the same as being illegal, arbitrary, unilateral, without jurisdiction and to grant…”
ii) W.P. No.41921 of 2015:
The writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
“...to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Certiorari to call for the records relating to the order passed by the 2nd respondent dt.17.12.2015 in Appeal No.3 of 2015 and quash the same as being illegal, arbitrary, unilateral, without jurisdiction and to grant…”
iii) W.P. No.41922 of 2015:
The writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
“...to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Certiorari to call for the records relating to the order passed by the 2nd respondent dt.17.12.2015 in Appeal No.2 of 2015 and quash the same as being illegal, arbitrary, unilateral, without jurisdiction and to grant…”
iv) W.P. No.367 of 2017:
The writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue any writ, order or direction more particularly one in the nature of writ of Certiorari call for the records pertaining to the Impugned proceedings vide Doc. No.9680 of 2015 dated 21.12.2015 passed by 4th respondent i.e. the Deed of Cancellation and quash the same as being illegal, arbitrary, void, abinitio, without jurisdiction and violation of the provisions of the Act and consequentially suspend the proceedings vide Doc. No.9680 of 2015, dated 21.12.2015 issued by the 4th respondent…”
v) W.P. No.484 of 2017:
The writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue any writ, order or direction more particularly one in the nature of writ of Certiorari call for the records pertaining to the Impugned proceedings vide Doc. No.9679 of 2015 dated 21.12.2015 passed by 4th respondent i.e. the Deed of Cancellation and quash the same as being illegal, arbitrary, void, abinitio, without jurisdiction and violation of the provisions of the Act and consequentially suspend the proceedings vide Doc. No.9679 of 2015, dated 21.12.2015 issued by the 4th respondent…”
vi) W.P. No.485 of 2017:
The writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue any writ, order or direction more particularly one in the nature of writ of Certiorari call for the records pertaining to the Impugned proceedings vide Doc. No.9681 of 2015 dated 21.12.2015 passed by 4th respondent i.e. the Deed of Cancellation and quash the same as being illegal, arbitrary, void, abinitio, without jurisdiction and violation of the provisions of the Act and consequentially suspend the proceedings vide Doc. No.9681 of 2015, dated 21.12.2015 issued by the 4th respondent…”
2. As the issue, petitioners as well as the respondents involved in all these cases is one and the same, all these writ petitions are decided by way of a common order.
The petitioner, initially filed 3 writ petitions i.e. W.P. Nos.41920, 41921 and 41922 of 2015 challenging 3 individual orders passed in 3 Appeals, dated 17.02.2015, and later on filed the other 3 writ petitions, i.e., W.P. Nos.367, 484 and 485 of 2017 challenging the 3 cancellation deeds, dated 21.12.2015, which were registered pursuant to the impugned orders of the District Registrar, dated
B.Ratnasnndari Devi and others v. The Commissioner of Urban Land Ceiling, A.P.
Harbans Singh vs Shanti Devi 1977 RLR 487
S.Chattanatha Karayalar v. The Central Bank of India Ltd. & Ors. AIR 1965 SC 1856
Satyapal Anand vs. State of Madhya Pradesh 2016 (10) SCC 767
AI
A registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled.
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
The main legal point established in the judgment is that the Registering Authority has no power to unilaterally cancel a settlement deed, and such unilateral cancellation is void and non-est in law.
A General Power of Attorney can be revoked unless coupled with interest, and unilateral cancellation by the principal is permissible if the agency lacks such interest.
Unilateral cancellation of the Development Agreement-cum-GPA by one party to the detriment of another party is not permissible under the Indian Contract Act.
A sale of immovable property is incomplete without registration, making an unregistered sale deed invalid, particularly when a power of attorney is cancelled.
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