THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12903 OF 2017

ORDER

1. Heard the learned Counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the official respondents. In spite of service of notices none appeared for the respondent Nos.6 to 9.

2. In the instant writ petition, the petitioner is questioning the action of the respondent No.4 in registering the Cancellation of Gift Settlement Deed dated 09.02.2017 vide document No.1031/2017, presented by the respondent Nos.6 and 7 in respect of the property House bearing No.2-6-7/2, (new No.2-6-5/4), admeasuring to an extent of 354.66 Sq.Yards or 296.49 Sq.Meters situated at old Village Uppal, Ranga Reddy District, now in Medchal-Malkajgiri District and also further execution of another Gift Settlement Deed at the office of respondent No.5 in favour of respondent Nos.8 and 9.

3. The learned Counsel for the petitioner would submit that the petitioner is the owner and possessor of the house bearing No.2-6-5/4 (old No.2-6-7/2), admeasuring to an extent of 354 Sq.Yards, situated at Bharathnagar, Uppal, Medchal-Malkajgiri District (hereinafter referred to a ‘subject property’), having acquired the same through Gift Settlement Deed No.11809 of 2004, dated 01.12.2004, executed by respondent Nos.6 and 7, who are maternal uncles of the petitioner.

4. The learned Counsel for the petitioner would submit that while it being so, the respondent Nos.6 and 7, without issuing any notice to the petitioner, cancelled the registered Gift Settlement deed on 09.02.2017 executed in her favour. The respondent No.4 has no jurisdiction to register the cancellation deed presented by the respondent Nos.6 and 7. The Gift Deed executed in favour of the petitioner was registered in the office of respondent No.5, whereas the cancellation of the said Gift Deed was done in the office of respondent No.4, without consent of the petitioner as required byRule-26 (i) (k) of Telangana Rules under the Registration Act, 1908.

5. The learned Counsel for petitioner would further submit that this Court, in view of the Judgment in Thota Ganga Laxmi vs. Government of Andhra Pradesh1 and Haji Mohammed Ahmed Vs. State of Andhra Pradesh, rep. by its District Registrar, Hyderabad and others2, while admitting the Writ Petition, granted interim order on 12.04.2012 in WPMP No.16038 of 2017 in WP No.12903 of 2017 suspending the operation of the impugned documents. In spite of lapse of more than eight

1 2012 (1) ALD 90 SC

years, the respondents have not filed vacate petition or counter denying the averments made by the petitioner and requested to cancel the Cancellation of Gift Settlement Deed dated 09.02.2017 and subsequent Gift Settlement Deed dated 17.02.2017.

6. The learned Assistant Government Pleader for Stamps and Registration did not dispute with regard to the Judgments passed by this Court in Thota Ganga Laxmi vs. Government of Andhra Pradesh and Haji Mohammed Ahmed Vs. State of Andhra Pradesh, rep. by its District Registrar, Hyderabad and others and requested to pass appropriate orders.

7. In view of the same, the writ petition is disposed of by cancelling the document No.1031/2017 dated 09.02.2017 presented by the respondent Nos.6 and 7 and the subsequent Gift Settlement Deed No.1988/2017 dated 17.02.2017 executed by respondent Nos.6 and 7 in favour of respondent Nos.8 and 9.

8. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

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_____________________ JUSTICE K.SARATH

Date:29.04.2025

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