Dismissed¶41

Manuka Shekar v. The State of Telangana

Telangana HC21 Feb 2025WP/28703/2024

Case brief

AI extract

What is this about?

Telangana High Court (N.V. Shravan Kumar, 21.02.2025) dismisses W.P. 28703/2024: mandamus refused for cancellation of revocation of gift (settlement) deeds Doc.Nos. 6768 & 6766 of 2019 (01.07.2019) registered and released by SRO Vemulawada on donor's unilateral presentation; documents already registered and released, so no mandamus issuable; RR 26(1) restrictions confined to sale deeds per C&IG circular G1/10547/2009 (30.04.2009); Division Bench W.P. 1486/2004 (11.10.2004) affirming single judge merely referred within sub-registrar instructions; Article 300-A and Registration Act, 1908 invoked; liberty to file civil suit preserved; dismissed without costs.

What did the court decide?

No relief; writ petition dismissed without costs, with liberty expressly preserved to the petitioners to file a suit before the competent court. ¶41

Manuka Shekar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

No relief; writ petition dismissed without costs, with liberty expressly preserved to the petitioners to file a suit before the competent court.

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Issue for consideration

Whether the action of the 4th respondent (Sub Registrar, SRO Vemulawada) in receiving, registering and releasing the revocation of gift (settlement) deeds Doc.No.6768/2019 and Doc.No.6766/2019 dated 01.07.2019, in the absence of the petitioners and without following due process of law, is illegal, arbitrary and violative of the Registration Act, 1908 and Article 300-A of the Constitution, warranting writ Mandamus for cancellation (with interim cancellation sought via IA No. 1 of 2024).

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Court's answer

Since the revocation of gift (settlement) deeds had already been registered and released, no mandamus could be issued; the writ petition being devoid of merits fails and is liable to be dismissed.

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Ratio / Principle

The writ petition is dismissed; the dismissal does not preclude the petitioners from filing a suit before the competent court.

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Detailed headnote1 paragraphs

Writ Petition No. 28703 of 2024 - Manuka Shekar and Manuka Mahesh v. The State of Telangana (Stamps & Registration) and others - High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction) - Justice N.V. Shravan Kumar - Order dated 21.02.2025. Petitioners, donees under gift deeds Doc.Nos. 1622 and 1623 of 2016 (dated 24.02.2016) executed by their grandfather over agricultural land in Thippapoor P.N. Village, Vemulawada Mandal, Karimnagar District, prayed for mandamus declaring the 4th respondent Sub Registrar's receipt, registration (Doc.Nos. 6768 and 6766 of 2019, dt. 01.07.2019) and release of revocation of gift (settlement) deeds presented unilaterally by the donor in their absence as illegal, arbitrary and violative of the Registration Act, 1908 and Article 300-A, and for cancellation; IA No. 1 of 2024 sought interim cancellation. The Assistant Government Pleader placed on record the Joint Sub-Registrar's instructions: the presentations were initially kept pending; clarification was sought (Lr. No. 89/2019) and given by the District Registrar (G1/1332/2019, dt. 21.07.2019) to follow the C&IG circular Proc.No.G1/10547/2009 (dt. 30.04.2009) - restrictions under RR 26(1) applying to sale deeds only - citing the Division Bench's affirmance (WP.No. 1486 of 2004, dt. 11.10.2004) of the learned single judge's dismissal on the view that a party aggrieved by registration of a document should file a suit. HELD (paras 5-6): the documents having already been registered and released, no mandamus could issue; the writ petition, being devoid of merits, was dismissed without costs, with liberty expressly reserved to the petitioners to file a suit before the competent court. The precedents appearing in the quoted sub-registrar instructions stand merely referred.

[³²⁵⁵ ]

1,,-'-

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE TWENry FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE^,

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

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WRIT PETITION NO: 28703 OF 2024

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Between:

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Manuka Shekar, S/o. Rama Swamy, Aged 31 years, Occ. Agriculture, R/o. Thippapoor P. N.Village, VemulawadL Malndal, Kdrimnagar Distiict.

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Manuka lt/ahesh, S/o. Rama Swamy, Aged 35 years, Occ. Agriculture, F/o. Thippapoor P.N.Village, Vemulawadd Mandal, Kdrimnagar District.

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...PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary, (Stamps and Registrations) Department, Secretariat Buildings, BRKR Bhawan, Tank Bund, Hyderabad.

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The Commissioner and lnspector General, Stamps and Registrafion, Telangana, Hyderabad.

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The District Registrar, Stamps and Registration Department, Karimnagar District.

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The Sub Registrar, Stamps and Registration Department SRO, Vemulawada, Karimnagar District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order, or direction more particularly one in the nature of writ Mandamus declaring the action of the 4th respondent in receivipg, registering and releasing the impugned Revocation of Gift (Settlement) Deed No. 6768/2019, dated 01.07.2019 and Doc.No.676612019, dated 01.07.2019, in absence of the petitioners, without following due process of law, as highly illegal, arbitrary and against the provisions of law and contrary to the provisions of the Registration Act, 1908 apart from violative of Article 300-A of the Constitution of lndia.

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lA NO: 1 OF 2024

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Petition under section^{151 CPC prayingthat in the circumstan<;esstated in} the affidavit filed in^{s upport of the petition,the High court may be pleased to direct} the.:4th respondert to^{forthwith cancelthe impugned Revocalion} 9f^Gift (Settlement) Deed^rlo. 676812019,^{dated0'l .07.2019, and Doc.No676612019'} dated 01 .07.2019,^{t y following dueprocessof law, pending disposalof the writ} petition.

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Counsel for the Petitioners:^{SRI M. JAYASIMHA REDDY.}

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Counsel for the Respondents:^{ASST. GP FORSTAMPS& REGISTR,ATION}

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The Court made the following:^ORDER

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HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.2 8703 of 2024

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ORDER:

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This writ petition is filed seeking the following prayer:_

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'_iF^!::]:,: action of ttu 4tt, responrtent in receiaing, registering and ,::r:r:! -the^{impugnedReuocationof Gt/t (Settle-ieni)Deed No.} 67682019, dnted 01.02.2019 and arut' Dic.No.676ipOlS Aot a o] 9!,!, ?,., :, tu.:: *r. of t.h e p e t i t io n e r s, u, i t ho u t fo I tow i n' g d ue p roce s s oJ La.u, as highly illegal, arbitra_ry and against the'proaisiois of laut and. 1:,r::ry^,: ^,tu^{!r:y,:i?"'_olty RegistrationAct 1e08 apart ftom} arclahae oJ Article 300-4 ol the Constitution ol India.,,

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2' Briel facts of this writ petition are that the petitioners' gran<I father with an intention to gift agricultural land admeasuring to extent of Ac.0_11 1/z gts in sy.No.47, Ac.0-16 rz gts insy.No.49A, under schedule-I and land admeasuring Ac.0-30 gts in Sy.No.51, Ac.0_15 gts in Sy.No.52A/A and Ac.0-09 gts in Sy.No.sO, in Schedule-Il to petitioner No.1 and agticultural land admeasuring to extent of Ac.0-11 % gts in Sy.No.47, Ac.0_16 1/z gts in Sy.No.49A, under Schedule-I ancl land admeasuring Ac.0_30 gts in Sy.No.51, Ac.0-15 gts in Sy.No.52A/A and Ac.0_09 gts in Sy.No.SO, in ScheduleJl, Thippapoor p.N.Villag, Vemulawada Mandal, Karimnagar District, to petitioner No.2, executed gift deeds and the same were registered zrldr Doc.Nos.1622 and 1623 of 2016 dated 24.02.2076 and the petitioners were in peaceful possession of the subject property. .Ihereafter, the donor of the said gift deed without knowledge of the petitioners, approached respondent No.4 arttl presented revocation of gift (seftlement)

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deeds and thr: rcspondent^{No.4has registered the same aide Doc .Nos.6768} and 6766 of 2r)19 dated^{01,.07.2019. Aggrievedby the same, this u-rit petition} is filed.

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Learnrd Assistant Government^{Pleaderappearingfot'llspondents} placed on^'ecc,t d inskuctions^{issued by} Joint^{Sub-Rcgistrar',SRO} Vemulawada. relevant portion^{is extractedhereunder:-}

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"Late in the year of 2019 on 01.07.2019 Si.Manuka RajanLailu S/o l'.amni ah, R/o Thippaoor^{had unilaterallyexecutedand} pre:;e: tted tout Reooution of Gift settlement^{deedsi c.,} 1.622t2015 and L623/2076. And^{the then Sub Ilegistrnrk':'pt} both ht r tatments pending utith^{PendinS doct Nos. P21/2(.)19} nnri I 261)t)L9. Later tht Srtb^Registrar rtide^{His Lr.No.89/2019,} dt.()j 07 ,t)19 askzd t'or the clarifcation^{of the Dist,Rtgistrt,} Kati,mngur. Further the Dist. Registrar,^{karinutagart; de} G1//3 32/2019, Dt.21.07.2019. Claified^to follout^Lhecircular instn,,clic,rLs issued by thr C&IG @eS),^Hydtt-nlad procAs.No.Gl/105472009, dt 30.04,2009,^{ruhere irt itioas} cleorly itt,;tructed that the restrictions^{under RR 26(I(.)is} applL abk'- to Sale^. deeds only. further^{she cluit'ed t]trtt} '.he Ho;i e Dioision Bench of High^Court of ludicottu'e^at Hydtrahao' in WP.N0.1486 of^{2004,Dt.11.10.2004tffinned the} order o;f llie learned single^judge and^{dismissedthe nppcnl'!'he} lenrn d s;rtgle^jrLdge in W.P.No.140072004^{disntissr'.dllrc l.P.} lnlCi tg tlnt a parll aggieoed by regtstration^{of a docLtmen' to} file^{a surt.}

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Lnler the Sub Registrar released the pending^document antl ,rcsiprcd regular numbers as 6766/20149^{nnd 6768/2CL9,} dt.lL3 0/'/,)19."

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Hearc learned counsel for the petitioners^{and le'arne':l Assistant} Government Plr:ader {or Stamps and^{Registration appearing for} respondents

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In the case on hand the registering authority had received the revocation of gift (settlement) deeds dated. 0_1.07.2019 and by following instructions issued in proceeding bearing procgs.No.Gl/ 10547 / 2009, d,ated 30.04.2009, registered the same arde Doc.Nos.6 Z6g and 6766 of 2079 and thereafter the same were released. Since, the above documents are registerefl and released, no mandamus can be issued and writ petition being devoid of merits, fails and is liable to be dismissed.

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6' For the foregoing reason, this writ petition is dismissed. However, this order does not preclude the petitioners from filing suit before the competent court.

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Miscellaneous applications, if any pending, shall stand closed No

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order as to costs

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SD/.P. CH. NAGABHUSH BA ASSISTANT REGI R

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//TRUE COPYII

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SECTION OFFICER

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To,