The Hon'ble Court dismissed a writ petition challenging the refusal of a Joint Sub-Registrar to register a Deed of Cancellation of GPA-cum-Agreement of Sale. Relying on precedent, the Court held unilateral cancellation is impermissible.
The Writ Petition No.13112 of 2014 is dismissed with no order as to costs.
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THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI
WRIT PETITION No.13112 of 2014
ORDER:
In this Writ Petition, under Article 226 of the Constitution of India, the petitioner assailed an Endorsement bearing No.P-143/2014/OB, dated 09.04.2014, of the Joint Sub-Registrar-I, Visakhapatnam, 3rd respondent herein, whereby he refused to register the Deed of Cancellation of G.P.A.-cumAgreement of Sale, executed vide Document No.2 of 2014 (present document).
2. I have heard the submissions of Sri V.Mallik, learned counsel appearing for the petitioner, of the learned Government Pleader for Revenue appearing for the respondents 1 to 3; and of Sri Vedula Srinivas, learned Senior Counsel representing Sri G.Venkata Reddy, learned counsel appearing for the 4th respondent. I have perused the material record.
3. The only question involved is as to whether a party to a document can unilaterally cancel the GPA-cum-Agreement of Sale.
4. A Division Bench of this Court, in the decision reported in Gaddam Laxmaiah and others v. Commissioner and Inspector General, Registration and Stamps, Hyderabad and others1 , while answering a reference, considered the legal position obtaining and held that such unilateral cancellation is impermissible under law. In that view of the matter, no cause survives for adjudication in this writ petition and this writ petition is liable to be dismissed.
5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
JUSTICE M. SEETHARAMA MURTI
Date: 7th August, 2018
KL
1 2017 (4) ALT 213 (D.B.)
2 MSRM, J
W.P.No.13112 of 2014
124
THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI
WRIT PETITION No.13112 of 2014
Date: 7th August, 2018
KL
1 issue framed by the court
Whether a party to a document can unilaterally cancel a GPA-cum-Agreement of Sale.
Colour shows how this judgement treated each authority
Gaddam Laxmaiah and others v. Commissioner and Inspector General, RegistrationFollowed¶7
2017 (4) ALT 213 (D.B.)
1 provisions across 1 enactments
Petitioner
Joint Sub-Registrar-I, Visakhapatnam
M. Seetharama Murti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
