THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.16432 of 2025

ORDER:

Heard Sri T.P.Acharya, learned counsel for the petitioners and Smt.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4. In spite of service of personal notice, none appeared for the respondent No.5.

2. Learned counsel for the petitioners submits that the petitioners filed the present Writ Petition seeking to declare the letter No.89/2025 dated 05.05.2025 issued by respondent No.4-Sub-Registrar, Sircilla, as illegal and arbitrary.

3. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of land admeasuring 2200 Sq.yards (equivalent to 1839.49 Sq.meters) in Sy.No.66/A, situated near H.No.3-4-91, Shanthinagar Post Office Road, Rallabavi Locality, Sircilla Town and Mandal, Rajanna-Sircilla District. The petitioners have purchased the said land from the original owners through a registered sale deed dated 24.11.2017 vide Document No.8889/2017. The petitioners later intended to sell the said property and for that purpose, executed a Registered General Power of Attorney (for brevity, ‘GPA’) dated 04.03.2023 in favour of the respondent No.5 vide document No. 1908/2023, in the office of respondent No.4, authorizing respondent No.5 to execute sale deeds on behalf of the petitioners, either for part or whole of the property. It is specifically stated that the said GPA does not confer any ownership rights or interest upon respondent No.5 in the subject property.

4. Learned counsel for the petitioners further submits that although the GPA was executed on 04.03.2023, no part of the property has been sold and the land remains intact till date and the GPA is also subsisting. However, the respondent No.5, in collusion with certain third parties, is trying to alienate the subject property and therefore, the petitioners decided to cancel the GPA dated 04.03.2023 executed in favour of the respondent No.5 and approached the respondent No.4 for its cancellation. However, the respondent No.4, directed the petitioners to bring the respondent No.5 to his office for the cancellation process and when the petitioners informed that the respondent No.5 was not cooperating, the respondent No.4 stated that unilateral cancellation was not possible unless both parties appeared before him and issued an impugned letter dated 05.05.2025.

5. Learned counsel for the petitioners further submits that the GPA executed in favour of the respondent No.5 is a simple power of attorney and not one coupled with any interest. The petitioners being the executors are legally entitled to revoke or cancel the same at any time in order to safeguard their ownership and rights over the property and the impugned letter is contrary to the law. Learned counsel requested to allow the present Writ Petition by directing the respondent authorities to register the cancellation deed submitted by the petitioner for cancelling the GPA dated 04.03.2023 in favour of the respondent No.5.

6. Learned counsel for the petitioners relied upon the Judgment of this Court in Kayitha Venkateswara Reddy Vs The State of Telangana and Ors, Unreported order passed by this

7. On the other hand, learned Assistant Government Pleader for Revenue basing on the counter filed by respondent No.4 submits that the petitioner has submitted a representation dated 01.05.2025 for unilateral cancellation of the registered GPA Document No.1908/2023 dated 04.03.2025, which was executed in favour of Sri Sandaveni Raju, S/o. Devaiah i.e., respondent No.5 herein. Further, the petitioner has already been informed vide Lr.No.89/2025 dated 05.05.2025 that both the parties should be present for cancellation of GPA document through a bilateral agreement to cancel the document and execute a registered revocation or cancellation deed before the registering authority and the registering authority does not have any power to unilaterally cancel the said GPA