Dismissed

Uduthala , Malyala Veeramma v. The Commissioner

Telangana HC4 Mar 2013WP/29318/2011

Case brief

AI extract

What is this about?

The court held that grievances regarding alleged fraudulent execution of a registered sale deed must be adjudicated in a civil court, not in writ proceedings under Article 226. The registering officer lacks power to cancel such deeds; only criminal proceedings under Sections 81 and 82 of the Registration Act, 1908 are applicable. The writ petition is dismissed.

What did the court decide?

Writ petition dismissed; petitioner relegated to common law remedies and criminal proceedings under Sections 81 and 82 of the Registration Act, 1908.

Uduthala , Malyala Veeramma Vs The Commissioner — Property and Title | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY

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WRIT PETITION No.29318 OF 2011

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Date:04-03-2013

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BETWEEN:

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Uduthala @ Malyala Veeramma .. Petitioner AND The Commissioner, Stamps and Registration Department, Government of Andhra Pradesh, Hyderabad & 5 others. .. Respondents

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Counsel for the petitioner : Mr. Mohd. Asifuddin Counsel for Respondent Nos.1 to 5 : Asst. Govt. Pleader for Revenue Counsel for Respondent No.6 : Mr. V.V. Ramana Rao

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The Court made the following:

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ORDER:

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At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties.

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The petitioner has raised a serious issue as to the alleged fraudulent manner in which respondent No.6 has got a registered sale deed executed by her. The grievance of the petitioner is that when a detailed representation was made by her on 19.10.2011 to respondent Nos.1 to 5 for cancellation of the purported fraudulent sale deed, no action is taken thereon.

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In my opinion, the grievances sought to be espoused by the petitioner in this writ petition are to be addressed in a properly constituted civil Court, because the various allegations made by the petitioner against respondent No.6 and the circumstances in which the purported sale deed claimed to be executed by the petitioner need to be considered, and dispute adjudicated on the basis of the oral and documentary evidence to be adduced by the petitioner. Such adjudication is not possible in a writ proceeding under Article 226 of the Constitution of India.

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Moreover, a sale deed having already been registered, there is no provision under the Registration Act, 1908 (for short ‘the Act’) empowering registering officer to cancel the registered sale deed. All that the registering officer can do is to consider institution of criminal proceedings as envisaged under Sections 81

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and 82 of the Act and ensure that penalties are imposed on the wrong doer.

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For the above-mentioned reasons, while declining to grant the relief as claimed in this writ petition, the petitioner is relegated to the common law remedies, besides approaching respondent Nos.2 and 5 with appropriate representation for initiating proceedings under Sections 81 and 82 of the Act. Subject to the liberties given as above, the writ petition is dismissed.

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As a sequel to the dismissal of the writ petition, W.P.M.P.No.36298 of 2011 filed by the petitioner for interim relief stands dismissed.

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______________________ C.V. NAGARJUNA REDDY, J March 04, 2013. Mgr/Vgb

Uduthala , Malyala Veeramma v. The Commissioner

Case brief

What is this about?

What did the court decide?

Uduthala , Malyala Veeramma v. The Commissioner

Case brief

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What did the court decide?

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