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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH
North Roof Ventures Private Limited – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The present writ petition has been filed impugning the order dated 24.04.2024 whereby the Sub-Registrar, Gandhinagar, 3rd and 4th Annexe Building, Bengaluru DC Office Compound, Bengaluru, has registered the deed of cancellation of General Power of Attorney issued by the 5th respondent in favour of the petitioner in respect of the Housing Complex - Nitesh Columbia Square. Learned counsel for the petitioner submits that 5th respondent was not entitled to revoke the General Power of Attorney dated 30.09.2009 executed in favour of the petitioner in pursuance to the Joint Development Agreement of the same date in respect of the land measuring 4 Acres 14 Guntas situated at Kattigenahalli Village, Jala Hobli, Bengaluru North Additional Taluk, Bengaluru. The Joint Development Agreement dated 30.09.2009 between the petitioner and the fifth respondent was for development of the 5th respondent's land in Sy. No. 174/4 measuring 22 Guntas and Sy.No.175/2 measuring 3 acres 32 Guntas, in all, 4 Acres 14 Guntas.
2. Under the Joint Development Agreement, the 5th respondent was required to execute a Power of Attorney to enable the developer to apply for and secure plans and licences and for
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.
A registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled.
Unilateral cancellation of a registered development agreement-cum-General Power of Attorney is impermissible under the Registration Act, requiring mutual consent between parties for valid cancellatio....
The unilateral cancellation of a General Power of Attorney is invalid without a competent court's order and proper notice to affected parties.
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....
A registered deed cannot be unilaterally cancelled, and cancellation must be done bilaterally. The Sub-Registrar has no power to cancel an already registered document and is bound to accept the docum....
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