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2019 Supreme(Telangana) 133

IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
SANJAY KUMAR, J.
P.S. Parthasarathy & Another - Appellant
Versus
The State of Telangana rep. by its Principal Secretary, Revenue Department, Hyderabad & Others - Respondents
Writ Petition Nos. 2918 & 3103 of 2019
Decided on : 26-03-2019

Advocate Appeared:
For the Petitioners:Vedula Venkataramana, N.M. Krishnaiah, Advocates
For the Respondents:Learned Advocate General.

Headnote:

Constitution of India, Art. 226 - Irrevocable General Power of Attorney - Cancellation of - Validity of registered cancellation documents executed by the Tahsildar - Execution of Agreement of Sale - Held, Document not even executed by person competent to represent the principals ought not to have been entertained for registration in terms of this statutory provision - Cancellation deeds, no doubt offend rule of law, but despite same they are not liable to be set aside as would only inspire and instigate further malafide and dubious transactions by and on behalf of parties whose rights and claims, if any, are yet to crystallize - Writ petition dismissed, Para 32, 33

JUDGMENT :

1. W.P.No.2918 of 2019 was filed by P.S.Parthasarathy challenging the registered cancellation deed dated 25.05.2017, bearing Document No.150/Bk-IV/2017, executed by the Tahsildar, Serilingampally Mandal, Ranga Reddy District, purporting to cancel the registered Irrevocable General Power of Attorney (GPA) dated 15.01.2016, bearing Document No.14/Bk-IV/2016, executed in his favour. He sought a further direction to the respondents not to interfere with the sanad rights covered by the registered Irrevocable GPA.

2. W.P.No.3103 of 2019 was filed by M/s.Suvishal Power Gen Limited, Secunderabad, assailing the registered cancellation deed dated 25.05.2017, bearing Document No.144/Bk-IV/2017, executed by the Tahsildar, Serilingampally Mandal, Ranga Reddy District, purporting to cancel the registered deed dated 21.01.2016, bearing Document No.477/Bk-IV/2016, executed in its favour. A further direction was sought by the petitioner company to the respondents not to interfere with the transfer of sanad rights covered by the registered deed bearing Document No.477/Bk-IV/2016 dated 21.01.2016.

3. Heard Sri Vedula Venkataramana, learned senior counsel representing Sri N.M.Krishnaiah, learned counsel for the petitioners in these cases, and the learned Advocate General, State of Telangana, appearing for the respondent authorities in both cases.

4. As per the affidavit filed in support of W.P.No.2918 of 2019, P.S.Parthasarathy purchased the sanad rights given by Rasheeduddin Khan Bahadur in favour of Hazrath Quadriunnissa Begum, dated 11th Ziquada, 1297 Hijri, i.e., 16.10.1880 AD, from the successors of Nawab Khursheed Khaisaruddin Khan through the registered Irrevocable GPA dated 15.01.2016, bearing Document No.14/Bk-IV/2016, which was registered in Book 4 on the file of the Joint Sub-Registrar, Kukatpally. According to him, this document was not a conveyance deed in relation to any specified parcel of land. Cause for grievance in this writ petition was the high-handed action of the Tahsildar, Serilingampally Mandal, Ranga Reddy District, in canceling this Irrevocable GPA dated 15.01.2016 vide registered cancellation deed dated 25.05.2017. As per the petitioner, Hazrath Nawab Mohammed Rasheeduddin Khan Bahadur Shamsul-Umra was the owner of the lands in Miyapur Village and three other villages. He issued a personal grant in favour of his daughter, Hazrath Quadriunnissa Begum Saheba, on 16.10.1880 AD. This sanad was recognized and reinforced by two firmans dated 02.09.1934 and 07.07.1949 issued by the then Nizam confirming the rights of the legal representative of Hazrath Quadriunnissa Begum, i.e., Nawab Khaisaruddin Khan, over the said lands. The petitioner further claims that as per the order dated 29.12.1976 of the Board of Revenue, the rights over Miyapur Village were decided in favour of Nawab Khaisaruddin Khan in file No.NA/2/78 of 1969. In 1995, two societies approached the Court constituted under the Land Grabbing (Prohibition) Act, 1982, claiming this land in Miyapur Village. These cases were filed against other private parties and were taken on file as LGC Nos.131 and 136 of 1995. By judgment dated 31.12.1997, the Special Court held that none of the private parties had title over the land and that it was a Government land, being a Jagir which had merged in the State under the Hyderabad Jagir Abolition Regulation, though it stood in the name of Nawab Khaisaruddin Khan. This judgment of the Special Court was confirmed by the High Court in W.P.No.889 of 1998 and batch, vide order dated 16.04.2003. The correctness of this order is now under examination by the Supreme Court in C.A.No.10699 of 2013 and batch. According to the petitioner, M/s.Trinity Infraventures Limited entered into an agreement of sale, with regard to the lands covered by the sanad rights, with the legal heirs of Nawab Khaisaruddin Khan and he was appointed as their GPA holder. The said GPA was registered as Document No.14/Bk-IV/2016. Owing to the publicity given to


























































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