Mohammad Abdul Nayeem Vs The State of Telangana

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

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FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry 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:4410 OF 2025

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Between:

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Mohammad Abdul Nayeem, S/o Mohammad Abdul Aleem Aged about 67 years, Occupation. NIL R/o-H.No.^{'19-3-10891C12,} Bi Bi Ka Chishma, Fataknuma, Hyderabad -500053

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...PETITIONER

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AND

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1 The State of Telangana, rep. by its Principal Secretary Stamps and Registration Department, Telangana Secretariat, Hyderabad.

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2 The District Registrar, Hyderabad South, Erragadda, Hyderabad, Telangana J The Sub Registrar, Doodbowli, Hyderabad, Telangana

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Md. Ahmed Hussain, S/o Mohammed Abdul Nayeem, Age 30 Years Occupation Business Rl/o H.No. 19-3-1O891C12, Bi Bi Ka Chashma, Falaknama, Hyderabad -500053

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Mohammed Abdul Kazim, S/o Mohammed Abdul Nayeem, Age 31 Years Occupation Business Rl/o H.No. 19-3-1O891C12, Bi Bi Ka Chashma, Falaknama, Hyderabad -500053

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Syed Muzhafer Hussain, S/o Late Syed lVlahmood Hussain aged about 38 years, Occupation Business, R/o H.No. 19-4-3401811, Konda Reddy Guda, Kishan Bagh, Bahadurpura, Hyderabad, Telangana State

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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 of Mandamus, declaring the action of the 3rd respondent in not cancelling of Gift Deed document Nos2776l2o22 dated 08.08.2022, 11110212023 dated 31 .03.2023 and AGPA No. 126712O23 dated .21 .O4.2023 as illegal, improper, arbitrary, unconstitutiona I and against the principles of

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natural justice, c,cnseq uently direct the 3rd respondent to^consider representation of the petitioner dated 31 .O1 .2025 for cancellation of the above registered dereds.

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lA NO: 1 OF 2025

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Petition underr Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be pleased to direct the 3rd respondent to consider representation of the petitioner dated 31 .01 .2025 for cancellation of Gift Deed document Nos 277612022 dated 013.08.2022; 111O212O23 dated^{31 .03 2023 and AGPA No.} 126712023 daled 21 .04.2023^pending disposal of the above writ^petition.

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Counsel for the Petitioner : SRI SATYANARAYANA DHARMAPURI

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Counsel for the Respondents No.1to3 : GP FOR STAMPS AND REGISTRATION

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Counsel for the Respondents No.4to6 :

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The Court made the following: ORDER

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THE HONOURABLE SRIIUSTICE^{N.V.SHRAVANKUMAR}

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WRIT PETITION No.t1410 of²⁰²⁵

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ORDER:

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This writ petition is filed seeking the following^prayer:

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"to declare the action of the 3'a respondent in not cancelling of Gift Deed document Nos.2776/2.022 clated 08.08.2022,^{11'022023dated} 31..03.2023 anrl AGPA No.-12672023^{dated21.04.2023as illegal,} improper, arbitrnry, unconstitutionnl md^{agtinst the principlesof} natural justice consequently direct the 3'd^{resPondentto consider} representation of the petitioner dnted 31.01.2025 t'or^{cancellationof the} aboue re gis tere d dee ds.^"

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Brief facts of the case are that the^{petitioner(a senior citizen) claims to} be the absolute owner and^{possessor of the House bearingNo.19-3-} 7089 / C/27, constructed on plot^{No.21,admeasuring100Sq.yards,consisting} of Ground⁺ 2 floors, situatcd at Bibi^{ka Chashma, Falaknuma, Hyderabad,} having acquired the same through^{oral Hibaof his wife dated 23.01.2009'} Further case is that the petitioner^{with an intention that his Son i'e',} respondent No.4 would takc^{care of his welfareand necessities,giftedthe} subiect property to respondent^{No.4 andthe samewas registered ztide Gift} Deed bearing document No.2776^{of 2022 dated 08-08-2022.Later, respondent} No.4 without petitioner's knowledge^{executedGift Settlement Deedin favour} of his brother i.e., respondent^{No.5 and tlie same was registeredaide} document bearing No.1102 of^{2023 dated 31.03.2023and thereafter respondent} No.5 in order to have wrongful^{monetary gain cxecuteda registered} Agreement of Sale cum GPA in^{favour of rcspondcnt No.6 andthe same was} registered z;idz document^{No.1267 of 2023 datect21.04-2023 - The case of the}

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petitioner is thzrt when respondent No.4 failed to look after him, then the petitioner under the provision of the Maintenance and welfare of parents and senior Citizen Act 20a7, filed case No.D/3372/2tt23 and the Revenue Divisional Officer, Hyderabad oidt order dated 1g.05.2024 has passed the following orcler:-

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"Tlrc petitioners desires to b.a.ae hts rest of his hfe peacrfully ti,itlrctrt any mental ten;ion being created by the Respontrenti. 'i-ru, R'espindnt No.3 is hereby ordered to cancer the Memoraruilutn of cift tlectr benrin| document No.2776/2022 and also the Respondent No.1 liemo rantiun i_f Giyt deed bearing document No.1102/2023 and the Respondent No..l nlso ordered to cancel the Agreement of Sab Cum General poruer of Attorney bearing document .^,1o.1267p023 antl also, ordered to re-regritr:r the .,;hedile ;f property in the name of^{petitioner.,,} .

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3 Learned cr:runsel for the petitioner further submits that the petitioner on 3-I '01'.2025 made representation ancr requested respondent No.3 to cancel the register.ecl documents in respect of the subject propcrty, however respondent No.3 issued letter No.63lsRo/DB/2025 datec-r 04.02.2025, staring the following:-

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"A per the abooe orders the duly executed cnncelhtion deeds bu the abozte respondents hnae to be presented in tltis oIf.ce so tlnt the sinte tL,ill be registered. this offce has no suo-motu potoers to carrcel any document. lfrl orders c'f tlu said abozte Tribunal do not contnin tnil cancellntion by

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Aggrieveri^i:ry the same, this writ petition is filed.

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The main grievance of the petitioner is that responclent authorities inspite of receiving detailed representation dated 31.01.21125, has not initiated any action and ha'l not cancelled the registered documents in re:;pect of the subject property ald pray this Court to direct the responilent arrthorities to

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cancel the registered document bearing Nos.2776 of 2022 dated 08.08.2022,

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7702 of 2023 dated 31.03.2023 and AGPA No.L257 ot 2023 dared 21..04.2023.

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Heard and perused the material available on record.

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In the present case it is pertinent to refer to thc Judgment passed by the Hon'ble Supreme Court in Thota Ganga Laxmi V. Government of Andhra Pradesh, wherein the Apex Court held that if any sale deed is required to be cancelled, the only remedy is by way of a civil suit for cancellation, but no cancellation deed can be unilaterally executed or registered. The Supreme Court, after referring to Rule 26(i)(k) of the Regisrration Rules, held that ir is only when the earlier sale deed is cancelled by a competent court, can a cancellation deed be registered that too after notice to the concerned parties; and unilateral cancellation of the sale deed, as well as registration thereof, were wholly void, non est and meaningless transactions.

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In the case on hand, the petitioner alrcacly executed the gift deed in favour of respondent No.4 and the registering authority as per provisions of RegisLration Act, 1908 registered the same as Doc No.2776 of 2022 and subsequently, registered gift settlement deed bearing No.1102 of 2023 and AGPA No.1267 of 2023. As far the issue of cancellation of the documents is concerned, a query was raised by this Court whethcr the Sub-Registrar is empowered to cancel the registered documents, learned counsel for the petitioner failed to answer the same. ln view of the same, no mandamus can be issued to the Sub-Registrar i.e, respondent No.3 to cancel the registered

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documents and the writ petition with such a prayer is devoid of merits and^is liable to be disrnis:;ed.

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For the foregoing reason and by applying the lau. laid Corvn in Thota Ganga Laxmi V. Government of Andhra Pradesh, this writ petition is dismissed. Howe,rer, this order does not preclude the petitioner to seek

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appropriate remerly as available under iaw

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Miscellaneous applications, if any pending, shatl stand closed. No

order as to costs

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//TRUE COPY//

SD/.P. GOWRI SHANKAR I AS STRAR FFICER