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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SRI JUSTICE K.SARATH

WRIT PETITION No.7036 of 2025

THE 23^RD DAY OF DECEMBER 2025

Between:

S.Satyanarayana

…Petitioner

AND

The State of Telangana, Rep. by its Principal Secretary,

Stamps and Registration Department,

Secretariat, Hyderabad and (5) others.

…Respondents

ORDER:

Sri R.Rama Brahmma, learned counsel for the petitioner and

Smt. S.Sravanthi, learned Assistant Government Pleader for

Revenue as well as Stamps and Registration appearing for the

respondents.

2. Learned counsel for the petitioner submits that the

petitioner filed the present Writ Petition seeking to declare the

action of respondent No.4 in refusing to receive, register and

release the sale deed dated 06.02.2025 in respect of the open plot

bearing No.175, admeasuring an extent of 400 Sq.yards (or 334.45

Sq.mtrs.) in Sy.No.215, situated at Kollur Village,

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Ramachandrapuram Mandal, Sangareddy District (for brevity,

“subject property”), pending vide No.P/126/2025 and passing the

impugned refusal order dated 28.02.2025 vide Memo No.94/2025,

on the ground that the respondent No.6 executed a cancellation

deed in respect of the subject property vide Doc.No.158/1995

dated 07.01.1995, as illegal and arbitrary.

3. Learned counsel for the petitioner submits that the

respondent No.6-Society, without issuing any notice to the

petitioner, unilaterally cancelled the registered sale deed executed

in favour of the petitioner vide Document No.320/1986 dated

09.01.1986 through Document No.158/1995 dated 07.01.1995,

which is contrary to the orders of the Hon’ble Supreme Court in

Thota Ganga Laxmi & another vs. Government of Andhra

Pradesh and others, (2010) 15 SCC 207. Further, in a similar case in

W.P.No.27962 of 2005 dated 03.03.2011, this Court set aside the

unilaterally executed cancellation deed and the same has attained

finality. In view of the same, learned counsel prayed to set aside

the cancellation deed dated 07.01.1995 and to direct the

respondent authorities to register the subject document presented

by the petitioner without reference to the refusal order dated

28.02.2025.

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4. On the other hand, learned Assistant Government Pleader,

basing on the counter filed by the respondent No.4, submits that

at the time of registering the cancellation in 1995, there was no

prohibition under the Registration Act, 1908, or the Rules made

thereunder, which prevented the registering officers from

accepting such unilateral cancellation deeds. The legal position

changed only after the amendment of the Registration Rules by

insertion of Rule 26(k) vide notification dated 29.11.2006, issued

by the Commissioner and Inspector-General, Registration and

Stamps, Andhra Pradesh. Hence, the registration of the

cancellation deed in 1995 cannot be faulted as it was in

accordance with the then prevailing practice and law. Further,

the petitioner presented the sale deed for registration, citing the

1986 sale deed as his link document. However, since the said

deed stood cancelled through the cancellation deed, the

petitioner’s document could not be entertained and registration

was refused by order dated 28.02.2025. Also, the Sub-Registrar,

being a statutory authority, is bound to act in accordance with law

and the documents available on record and unless the

cancellation deed is annulled by a competent Court, the petitioner

cannot insist upon registration of his subsequent deed based on a

cancelled document.

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5. Learned Assistant Government Pleader, basing on the

counter filed by the respondent No.6, submits that the then

President of the respondent No.6-Society committed several

irregularities by making multiple transactions over the same land

and conducting real estate business under the guise of the Society

which finally led to multiplicity of litigations. As part of the said

irregularities, the then President of the Society, in order to sell the

subject land to third parties, executed a unilateral cancellation

deed dated 07.01.1995 vide Document No.158/19