Mere use of the word 'irrevocable' in a Power of Attorney does not make it irrevocable; it must be coupled with interest (consideration) to be truly irrevocable under the law.

ORDER PRONOUNCED ON: 26.06.2025

SUBMITTED FOR APPROVAL:

THE HON’BLE SRI JUSTICE K.SARATH

JUSTICE K.SARATH

GIST :

HEAD NOTE :

Cases referred :

2025 SCC OnLine SC 448

WRIT PETITION No.3622 of 2016

ORDER:

This writ petition is filed questioning the action of the respondent Nos.2 and 3 in registering the deed of revocation of Irrevocable General Power of Attorney vide document No.30/2015 dated 29.12.2015 executed by the respondent No.4 without the knowledge of petitioners in contravention of Section 202 of Indian Contract Act, 1982 as illegal and arbitrary.

2. Heard Sri S. Chandra Sekhar, learned Counsel for the petitioners and Smt S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration.

3. Learned Counsel for the petitioners submits that the respondent No.4 and her son have executed Irrevocable Registered General Power of Attorney dated 06.08.2015 before the office of the respondent No.3 vide document No.22/2015 appointing the petitioners as Joint General Power of Attorneys for the works relating to grant of compensation by Indian Railways in respect of the acquired land of the respondent No.4 and other works relating to eviction of encroachers. The respondent No.4 got issued a legal notice dated 19.12.2015 to the petitioners to stop all acts pursuant to the document dated 06.08.2015 and also executed revocation of irrevocable GPA deed dated 29.12.2015 vide document No.30/2015 without issuing any notice of revocation. He further submits that as per Rule 26(i) K(i) of Telangana Registration Rules , before any deed of cancellation is admitted to registration, the registering authority shall ensure that the parties to the deed which is sought to be cancelled have consented for cancellation and the respondent Nos.2 and 3 have no right to execute the cancellation deed to the petitioners. He further submits that as per Circular Memo No.G1/CAN/4028/2010 dated 31.03.2010 issued by the C & IG (R & S), Hyderabad, no registering officer shall register a deed of revocation-cum-cancellation of GPA in the absence of express contract under Section 202 of Indian Contract Act, 1972 and requested to allow the writ petition.

4. Learned Assistant Government Pleader for Stamps and Registration submits that the respondent No.4 has executed Irrevocable Registered General Power of Attorney in favour of petitioners on 06.08.2015 and the same was simple General Power of Attorney and it can be revocable as there is no mention about the interest or consideration paid by the petitioners in favour of the respondent No.4 and there is no bar for cancellation and moreover, no reasons are mentioned for executing the document by stating that as Irrevocable General Power of Attorney. In view of the same, the said document is not within the meaning of Irrevocable General Power of Attorney and the respondent authorities have rightly permitted the respondent No.4 for cancellation of the said Irrevocable General Power of Attorney in Document No.30 of 2015 executed by the respondent No.4 in favour of the petitioners and requested to dismiss the writ petition.

5. After hearing both sides and perusal of the record, this Court is of the considered view that the petitioners are questioning the action of the respondents in revocation of Irrevocable General Power of Attorney executed in their favour by the respondent No.4 on 06.08.2015. In the said documen