The High Court was petitioned to restrain the Sub-Registrar from cancelling a gifted property. The respondent submitted that no document for cancellation was presented and he would abide by the law, leading the Court to close the petition without orders.
no directions were passed; the petition was closed without costs
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5668 of 2008
Between:
Chilukuri Satyanarayana S/o Bhoomaiah r/o h. No. 27-416, bhagathnagar, mancherial, Adilabad District.
..... PETITIONER
AND
The Sub-Registrar, Sub-Registrar, Office, Mancherial, Adilabad District.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or direction more particularly one in the nature of writ of mandamus or any other approprite order or direction declaring the action of the respondent in threatening tthe petitioner that he is going to caancel the registered gift deed bearing document No 5142 of 2006 dated 12-6-2006 the landadmeasuring 1573 square yards (0.13guntas)in sy.no 445/E situated mancherial town ,mancherial mandal ,Adilabad district is arbitrary ,illegal null and void and voilative of the articles 14,19,and 21 of the constitution of India and also provisions of the indian registration act and also violative of the transfer of property act, consequently direct the respondent not to cancel the registered gift deed bearing document No 5142 of 2006 dated 12-6-2006 the land admeasuring 1573 square yards(0.13 guntas)in sy.445/Esituated at Mancherial town ,Mancherial Mandal,Adilabad district and to pass
Counsel for the Petitioner:MR.K.VENUMADHAV
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
THE HON'BLE SRI JUSTICE N.V. RAMANA
Writ Petition No. 5668 of 2008
Order:
The petitioner states that he is the owner and possessor of the land admeasuring 1573 Sq. Yards, situated in Survey No.445/E of Mancherial town and Mandal, Adilabad District, by virtue of a registered gift deed dated 12.06.2006. While so, it is case of the petitioner that at the instance of some third parties, the respondent called him to his office on 06.03.2008 and informed that he is being pressurized for cancellation of the registered gift deed executed in his favour. The petitioner apprehending that the respondent may cancel the registered gift deed dated 12.06.2006 executed in his favour by entertaining the cancellation deed that may be presented by third parties, filed the present writ petition seeking to direct the respondent not to entertain any document canceling the said registered gift deed executed in his favour.
A counter affidavit is filed by the respondent denying the allegations made by the petitioner, and it is stated by him that he will act in accordance with the provisions of the Registration Act, 1908 and the Rules made thereunder, and that he would not be influenced by any person, and that he neither knows the petitioner nor is aware about his whereabouts, and contending that the allegations made by the petitioner against him are false, prayed for dismissal of the writ petition.
Heard the learned counsel for the petitioner and the learned
Assistant Government Pleader for Revenue.
Since the respondent is alleged to have called the petitioner to his office with regard to cancellation of the gift deed executed in his favour, the petitioner apprehending that the respondent may entertain the cancellation deed to be presented by third parties and cancel the gift deed executed in his favour, has filed this writ petition. As of today, it is the case of the respondent that there is no document presented by any person for cancellation of the gift deed executed in favour of the petitioner. At any rate, in view of the statement made by the respondent that he would act in accordance with law and not succumb to any pressures for cancellation of the gift deed executed in favour of the petitioner, no orders need be passed in this writ petition, and the same is accordingly closed. No costs.
___________________ N.V. RAMANA, J.
Date: 15.04.2008 Ksr/Nsr
2 issues framed by the court
Whether a writ petition should be dismissed when the respondent admits no document for cancellation is pending and states he will act in accordance with law.
Whether the High Court needs to pass an order when there is no prima facie case for cancellation of the registered gift deed.
1 provisions across 1 enactments
Chilukuri Satyanarayana
The Sub-Registrar, Office, Mancherial, Adilabad District
N.V. RAMANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
