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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD.

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THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR

WRIT PETITION No.17468 of 2014

Date of Order : 30-01-2026

Between :

Sripuram Sai Krishna …. Petitioner

And

1. The District Registrar, Karimnagar

and three others. .… Respondents.

ORDER

Heard Sri Parasaram Sri Hari, learned counsel representing

Sri Allu Midhun Kumar, learned counsel for the petitioner and Sri

Sandeep Goud, learned Assistant Government Pleader representing

the learned Government Pleader for Revenue appearing on behalf

of official respondents, and perused the record.

2. The present Writ Petition is filed assailing the action of

respondent No.2 in entertaining and registering an unilateral

cancellation of gift settlement deed, as Doc.No.1061 of 2014, dated

19.06.2014, executed by respondent No.3 as arbitrary.

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3. Petitioner submits that respondent No.3 is the father of

petitioner, out of free will and consent with sound mind conveyed

his absolute rights, title and interest, claims and demands, had

executed a Gift Settlement Deed on 04.10.2006 in respect of the

property bearing RCC building H.No.7-52/B constructed in extent

of 978 sq. fts and open land admeasuring 70 sq. yards and

common land extent of 265 sq. yards, in all an extent of 1048 sq.

yards and delivered property in favour of the petitioner with full

rights viz., sell, mortgage and gift the property. Ever since the date

of execution of Gift Settlement Deed, the petitioner is in peaceful

possession and enjoyment of the property.

4. Petitioner further submits that on account of financial

constraints, the petitioner approached the State Bank of Hyderabad,

Manthani and availed loan by depositing the title deeds through

registered document No.2042 of 2007 dated 12.10.2007 and has

been regularly paying the installments to the Bank.

5. Later, the petitioner came to know that respondent No.3,

without issuing any notice and without any information to the

petitioner, unilaterally cancelled the Gift Settlement dated

04.10.2006 after a period of eight years on 19.06.2014 and

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executed a deed of cancellation of Gift Settlement vide

Doc.No.1061 of 2014 dated 19.06.2014 and trying to create third

party interest over the property gifted to the petitioner, and as such,

he knocked the doors of this Court.

6. Learned counsel for the petitioner contended that it is settled

position of law that no document can be cancelled unilaterally

without issuing proper notice to the parties, and Rule 26(i)(k) of

the Andhra Pradesh Rules under the Registration Act (fort short

‘the Rules’) speaks that the registering officer shall ensure at the

time of preparation for registration of cancellation deeds of

previously registered deed or conveyance on sale before him that

such cancellation deeds are executed by all the executants and

claimant parties to the previously registered conveyance on sale

and that such cancellation deed is accompanied by a declaration

showing mutual consent of the parties or orders of the competent

Civil Court or High Court.

7. On the other hand, learned Assistant Government Pleader

representing the learned Government Pleader for Revenue contends

that respondent No.3 executed a revocation of Gift Settlement

Deed on 19.06.2014, and the respondent No.2 registered the said

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Revocation Deed as there is no prohibition against its registration if

executed unilaterally without the consent of the other parties to the

Gift Settlement Deed.

8. Learned Assistant Government Pleader further contends that

Rule 26(i)(k) of the Rules are applicable only in respect of

previously registered Deeds of conveyance on sale only but not for

the deeds of Agreement of Sale-cum-GPA, Development of

Agreement-cum-GPA, Partition Releases, Gift Settlement and

Mortgages etc. It is further contended that any document other

than Deed of Conveyance on Sale can be cancelled and registered

if they were executed unilaterally since amendment for

Registration Rule 26(k)(i) was not made applicable to those

documents.

9. I have gi