IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR
Jannapureddy Sumanth Sio Yadava Reddy – Appellant
Versus
The State of Telangana Department of Revenue – Respondent
WP 11336/2015
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
* * * *
THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR
WRIT PETITION No.11336 of 2015
DATE: 22.12.2025
Between
Jannapureddy Sumanth
…Petitioner
AND
The State of Telangana, Department of Revenue,
(Stamps & Registration), Secretariat Buildings, Hyderabad,
Represented by its Principal Secretary and others
…Respondents
ORDER
Heard Sri Alladi Ravinder, learned Senior Counsel for the
petitioner duly assisted by Sri P.Srikanth, learned counsel, and
Sri H.Rakesh Kumar, learned Assistant Government Pleader for
Revenue appearing for respondent Nos.1 to 3.
2.
This Writ Petition is filed seeking a Writ of Mandamus to declare
the action of the respondent No.3 in registering the Revocation of Gift
Settlement Deed dated 16.02.2015 vide Document No.1484 of 2015
executed by the respondent No.4 whereunder the respondent No.4
cancelled the Gift Deed dated 19.01.2013 vide Document No.373 of
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2013 executed by her in favour of the petitioner, as illegal, arbitrary
and in violation of the principles of natural justice and also contrary to
the provisions of the Registration Act, 1908 and the Rules made
thereunder.
3.
The case of the petitioner is that the respondent No.4 is his
paternal grandmother having agricultural land to an extent of Acs.9.00
in Survey No.323/3 situated at Nandanam Revenue Village,
Wardhannapet Mandal, Warangal District. The petitioner’s grandmother
executed a registered gift deed on 19.01.2013 in favour of the
petitioner specifically stating that she had gifted away the subject
property to the petitioner, out of love and affection being her
grandson. She had also handed over the possession of the property
and entries to that effect were also made in the Pattadar Pass Book
and since then, the petitioner is in continuous possession and
enjoyment of the said land.
4.
While so, the petitioner came to know that the respondent No.4
cancelled the gift deed by way of revocation deed after two years of
executing the gift and the same was registered by the respondent
No.3, vide Document No.1484 of 2015 dated 16.02.2025.
5.
Sri Alladi Ravinder, learned Senior Counsel, would contend that
when the gift was accepted and the valuable rights have accrued on
the petitioner, the respondent No.4 has no power to revoke the gift
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deed and the respondent No.3 has no authority under law to register
the same. In support of his contention, learned Senior Counsel placed
reliance upon the order of erstwhile High Court of Andhra Pradesh in
W.P.No.12552 of 2012 dated 27.06.2012, wherein this Court took note
of the relevant provision of law in Kapuganti Jagannadha Gupta
v/s. The District Registrar, Srikakulam, 2012 (1) L.S. 329 and held that unilateral
cancellation of the document is untenable.
6.
When the matter was taken up for hearing, this Court, vide order
dated 01.05.2015, directed the parties to maintain status quo as on
date for a period of six weeks.
7.
During pendency of the Writ Petition, the respondent No.4 died on
01.06.2017. Her legal representatives – respondent Nos.5 and 6 were
brought on record vide order dated 18.09.2025 in I.A.No.1 of 2024.
Thereafter, though notices have been sent to the legal representatives
of the unofficial respondent No.4, respondent Nos.5 and 6, the same
were returned with an endorsement “no such person at this address”.
However, since the impugned registration of revocation of gift deed is
made unilaterally without issuing any notice to the affected party, the
same is liable to be set aside, and therefore, the matter can be
proceeded with, without the audience of the unofficial respondent
Nos.5 and 6.
##PAGE4##4
8.
Even the official respondents, who are represented by the
Standing Counsel, did not file any counter, though nearly a decade had
elapsed from the date of filing of the Writ Petition.
9.
In the recent judgment of the Hon’ble Supreme Court in the
matter of Thota Ganga Laxmi and another Vs. State of Andhra
Pradesh and others2, it was held at para 5 as under:
“5. In this connection, we may also refer
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