THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.33818 of 2025

ORDER

Heard Sri M.Jayasimha Reddy, learned counsel for the petitioner and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 4 and perused the material on record. 2. Learned counsel for the petitioner submits that the petitioner questioning the inaction of respondent No.4 in cancelling the registered Sale Deed bearing Doc.No.15960 of 2022 dated 01.09.2022 and the Mortgage Deed bearing Doc.No.17292 of 2022 dated 15.10.2022, on the file of the Joint Sub-Registrar Office, Rangareddy (R.O), is illegal and arbitrary.

3. Learned counsel for the petitioner further submits that the petitioner purchased a plot bearing No.21, admeasuring 418.5 Sq.Yards in Sy.No.184 (Part), situated at Kondapur Village, Serilingampally Mandal (GHMC Serilingampally Circle), Ranga Reddy District, under a registered Sale Deed from its owner, Sri Shaik Mohammad vide Document bearing No.449/2017 dated 18.01.2017 registered before the Joint Sub-Registrar-II (R.O) Ranga Reddy District.

4. Learned counsel for the petitioner further submits that after purchasing the said property, the petitioner has been in possession and enjoyment of the same. While it being so, respondent No.7 allegedly created a fake Adhaar Card in favour of respondent No.5 and executed a registered Sale Deed bearing Doc.No.15960 of 2022 on the file of the Sub Registrar Office, Rangareddy District. Thereafter, the respondent No.7 erected a sign board on the subject property, claiming that the same has been belonged to respondent No.7. Subsequently, respondent No.7 executed a Mortgage Deed bearing Doc.No.17292 of 2022 dated 15.10.2022 on the file of Joint-Sub Registrar Office, Rangareddy (R.O) in favour of respondent No.5. Now, the petitioner is questioning the inaction of the respondent authorities in not cancelling the subject documents.

5. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that, without any cause of action, the petitioner has filed the present writ petition questioning the inaction of the respondent No.4 in cancelling the documents already registered by respondent No.5 in favour of respondent No.7. The petitioner has not made any representation before the respondent authorities mentioning that the respondent No.7 created a fake Adhaar Card in favour of respondent No.5 and executed a registered Sale Deed bearing Doc.No.15960 of 2022. Moreover, the petitioner mentioned that the respondent No.7 created a fake Adhaar Card and registered documents cannot be decided by this Court disputed questions of facts in a writ petition filed under Article 226 of the Constitution of India.

6. If the petitioner has any right over the subject property, he has to approach competent Civil Court seeking cancellation of the registered documents. After conducting trial and recording evidence, the competent Civil Court has to decide the right over subject property. Without doing so, the petitioner has approached this Court and this Court cannot direct the respondent authorities to cancel the documents executed in favour of the third parties. Therefore, the said contentions of the petitioner are not acceptable and there is no valid ground to issue Mandamus in the instant writ petition. In view of the same, this writ petition is liable to be dismissed.

7. Accordingly, this Writ Petition is dismissed on devoid of merits. However, this order shall not preclude the petitioner from approaching the competent Civil Court to question the impugned documents i.e. Sale Deed bearing Doc.No.15960 of 2022 dated 01.09.2022 and Mortgage Deed bearing Doc.No.17292 of 2022 dated 15.10.2022 on the file of the Joint Sub-Registrar Office, Rangareddy (R.O).

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE K.SARATH Date: 10.11.2025

spk