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2025 Supreme(Online)(Tel) 72160

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR
G NAGA LAKSHMI HYD – Appellant
Versus
PRL SECY REVENUE DEPT HYD AND 3 OTHERS – Respondent
WP 27204/2015



IN THE HIGH COURT FOR THE STATE OF TELANGANA, HYDERABAD * * *

WRIT PETITION No.27204 of 2015 Between:

G.Naga Lakshmi, W/o.G.Venkatachalam Petitioner VERSUS

1. The State of Telangana and others.

Respondents ORDER PRONOUNCED ON : 22.08.2025 THE HON’BLE JUSTICE GADI PRAVEEN KUMAR

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : Yes

2. Whether the copies of judgment may be Marked to Law Reporters/Journals? : Yes

3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes ___________________________

GADI PRAVEEN KUMAR, J * THE HON’BLE JUSTICE GADI PRAVEEN KUMAR + WRIT PETITION No.15319 of 2025 %Dated 26.08.2025 # Between:

G. Naga Lakshmi, W/o.G.Venkatachalam Petitioner VERSUS

1. The State of Telangana and others.

Respondents ! Counsel for Petitioner : Sri Krishna Suman, learned counsel resenting Sri Vivek Jain, learned counsel for the petitioner.

^ Counsel for Respondents : Learned Government Pleader for Stamps and Registration for R1 to R3 Sri G.Vasantha Rayudu, learned counsel for 4th respondent.

< GIST :

> HEAD NOTE : ? Cases referred :

1. (2016) 10 SCC 767 2. (2010) 15 SCC 207 THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR WRIT PETITION No.27204 of 2015

O R D E R

Heard Sri Krishna Suman, learned counsel representing Sri Vivek Jain, learned counsel for the petitioner, Sri M.Sahas Reddy, learned Assistant Government Pleader representing learned Government Pleader for Stamps and Registration appearing on behalf of respondent Nos.1 to 3 and Sri G.Vasantha Rayudu, learned counsel for the 4th respondent.

2. The present Writ Petition is filed challenging the action of the 3rd respondent i.e. the Joint Sub-Registrar, Ranga Reddy District at Moosapaet, Hyderabad in entertaining the registration of document dated 08.07.2011 bearing No.6153/2011 stated as “Cancellation of Agreement of Sale-cum-General Power of Attorney bearing Doc.No.3150/2011” as illegal and arbitrary, with a consequential direction to set aside the same.

3. It was contended by the petitioner that the 4th respondent is the owner of plot bearing No.447 admeasuring 300 sq. yards in Sy.No.78 to 93 situated at Kondapur, Serilingampally Mandal, Ranga Reddy District, and that in respect of the said property, the 4th respondent had executed an agreement of sale-cum-General Power of Attorney along with possession on 05.10.2009 in favour of the petitioner for a sale consideration of Rs.39,00,000/-, the total sale consideration was paid to the 4th respondent, on receipt of the total sale consideration, the 4th respondent acknowledged and entered into the agreement of sale-cum-General Power of Attorney. 4. Petitioner further contends that the 4th respondent lodged a complaint on 10.10.2019 before the Station House Officer, Sanathnagar Police Station alleging that the agreement of sale- cum-General Power of Attorney with possession dated 05.10.2009 is a sham document, and that it was a loan transaction between the 4th respondent and the petitioner, and that the petitioner was duped and made to execute the agreement of sale-cum-General Power of Attorney with possession, thereby Cr.No.649/2009 was registered against the petitioner for the offence under Section 420 IPC, after investigation, the police filed charge sheet.

5. It was further contended that the 4th respondent approached the 2nd respondent seeking cancellation of document dated 05.10.2009, thereupon a memo dated 07.02.2011 was issued by the 2nd respondent directing the 3rd respondent to accept the cancellation of document, if it is otherwise in order, thereby the 3rd respondent had entertained the document dated 08.07.2011 without considering that the said document was executed unilaterally without consent, which is contrary to Rule 26(i)(k)(i) of the Andhra Pradesh Rules under the Registration Act, 1908 (for short ‘the Rules’).

6. Petitioner further contends that a specific remedy is provided under the Specific Relief Act, 1963 for cancellation of a document or instrument, and that it is settled law

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