IMPORTANT POINT
IMPORTANT POINT
The court held that disputes over property ownership and cancellation of deeds should be resolved in civil court, not through writ petitions, especially when involving deceased parties and complex factual issues.

ORDER :

The Writ Petition has been filed by the petitioner seeking to issue writ of mandamus declaring the action of the respondent No.3 in registering the cancellation deed dated 10.04.2006 vide document No.8397/2006 executed by respondent Nos.4 and 5 and cancelling the sale deed vide document No.12592/2004 dated 09.12.2004 without issuing any notice, as illegal, arbitrary and violtiave of Rule 26(i)(k)(i) of the Registration Rules, 1908, Section 69 of the Registration Act, 1908 and Section 126 of Transfer of Property Act, 1882 and Articles 21 and 300-A of Constitution of India and consequently, prayed to set aside the same and for other reliefs.

2. The case of the petitioner is that he along with one Mr. Iqbal Ahmed purchased agricultural land admeasuring Ac.1-19 gts out of Ac.3-19 gts forming part of Sy.No.40 situated at Raidurga Nawkhalsa Village, Serilingampally Mandal, Ranga Reddy District, from the respondent Nos.4 and 5 under registered sale deed dated 09.12.2004 vide document No.12592/2004. It is his further case that ever since the date of purchase, he is in possession of the said property. It is further case of the petitioner that with an intention to alienate the property, when he approached the respondent No.3, he was surprised to know that sale deed dated 09.12.2004 vide document No.12592/2004 executed in his favour has been cancelled through cancellation deed dated 10.04.2006 vide document No.8397/2006. It is further case of the petitioner that in view of his occupation in medical profession and old age, he is not in a position to pursue the matter and as such, he executed a Special Power of Attorney to protect his interest. It is also case of the petitioner that respondent Nos.4 and 5 without having any power or authority, executed the cancellation deed dated 10.04.2006 cancelling the registered sale deed dated 09.12.2004 bearing document No.12592/2004 and the respondent No.3 without putting him and other vendee on notice, registered the cancellation deed dated 09.12.2004 contrary to the Rule 26(i)(k)(i) of the Registration Rules, 1908. Hence the writ petition.

3. The respondent Nos.6 and 7 filed I.A.No.2 of 2023 seeking to implead them as party respondents in the writ petition. The said I.A. was allowed by this Court vide order dated 29.09.2023 and the respondent Nos.6 and 7 are impleaded as party respondents to the writ petition.

4. The respondent Nos.6 and 7 filed counter affidavit denying the right and title of the petitioner and stated that respondent Nos.4 and 5 along with their mother Smt. Aleemunnisa Begum and Habeebullah Khan have sold the total land admeasuring Ac.4-34 gts forming part of Sy.Nos.40, 41, 44 and 46 situated at Raidurga Village, known as “Regul Bowli”, now Serilingampally Mandal, under unregistered sale deed dated 20.09.1971 in favour of E.Gandaiah, G.Komraiah and Narsing Rao. The said Sadabainama/unregistered sale deed, was validated by the Mandal Revenue Officer, while exercising powers under Section 5A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short “ROR Act, 1971”) and the Rules made thereunder vide proceedings No.C/1309/1990 dated 06.04.1993. Thereafter, the names of subsequent purchasers were recorded in the revenue records and they are in uninterrupted possession of the property. The purchasers i.e, E.Gandaiah and others have alienated part of the land i.e, land admeasuring Ac.1-13 gts in Sy.No.40 to Smt.M.Pichamma and N.Subbayamma under registered sale deed dated 07.09.1995 vide document No.8893/1995 for a valid sale consideration. Further an extent of land forming part of Sy.No.40 admeasuring 462 sq.yards was sold in favour of N.Srinivas and M.Venkaiah under registered sale deed dated 07.09.1995 vide document No.8894/1995. It is their further case that said M.Pichamma and N.Subbayamma who purchased property to an extent of Ac.0-18.5 gts in Sy.No.40 executed sale deed dated 18.10.2000 vide document No.8092/2000 in favour of Samata Jampala and the bal