The Writ Petition was dismissed for non-prosecution as the petitioners had given up vakalat and failed to appear for hearing, despite prior notice regarding the jurisdictional limits of the Sub-Registrar in unilaterally cancelling gift deeds.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Originat Jurisdiction)
WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION NO :7743 OF 2017
Between:
AND
^Santosh Nagar, Amba Garden, l,4ehdipatnam,Hyderabad
...RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ of lvlandamus or any other appropriate writ, order or direction- (a) By declaring the action of the Respondent no.3 in unilaterally registering the cancellation of Gift setflement Deed dt- 26-6-2015 under document no-205312015 and the consequent Registered sale Deed dated 27-6-
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2015 bearing document no.2O54l2O15 andRegistered Sale Deed dl- 19-12'2016 bearing document nt.496112016, as illegaland unconstitutionat:nd to setaside the said docr.tments. t'b)To setasidethe Cancellationof Ciift Settle:mentDeed dt- 26-6-2015 urrder do:umenl no.2O53l2O15and the consequent Flegistered Sale Deed dated 27 -6-2015 bearingdocument no.205412015and Registered Sale Deed dt- 19.12-2C)16 bearing documentno.4961/2016, in respt,rct of Property Bearing Shc p No 3-3-15, admeasuring 33.33 sq.yards, at Kachiguda, Hyderabad.
t.A. NO :1 OF 2017(WPMP. NO :9548 OF2017)
Petltion under Section 151 CPCpraying thatin the circumstances stated in the affidavit 'iled in support of thepetition, theHigh Court may be pleased to suspend the :peralion of impugned documenti.e., cancellationof Gift Settlement Deed dt.26-3-2015 under document No. 2053/2015 and tleconsequent Registered Slale f)e ,ed dt. 27-6-2015 bearing documert No.i,l054,/2015and Registered Sale Der d dt. 19-12-2016 bearing documentl.lo. 4961cf 2016, all on the file of the Respo rdent No. 3, otherwise, we shall sufferheavy andirreparable loss.
Counsel for the Petitioners: SRl. WASIM AHMED KHAN
Counsel for lhe Respondent Nos. 1to3: GP FOR STAMPS AND REGISTRATION
Counsel for the Respondent No.4: SRI SYED AHMED ALI
Counsel for lhe Respondent No.6: SRI MOHD ALI AAMIR
Counsel for the Respondent No.7: SRI VIKHAR AHMED
Counsel for the Rer;pondent No.5:--
The Court made the following: ORDER
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HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIO N No.7743 of 2Ol7
ORDER:
This Court on 06.O3.2O12 passed the following order:
"Heard learned counsel for the petitioners
Notice before admission.
In view of judgment reported in Fazalullah Khan vs, State of Andhra Pradesh [2012 (2) ALT 728], Sub Registrar cannot entertain unilateral cancellation of gift deeds and register the same lt is not known why the 3-1 respondent entertained the unilateral cancellation oi gift dccd presentc.l by the 4rb respondent.
In view crf sarnr:, there shall However, the 3.r respondc", ;'"iH;.":ffi# ;,:::::,':: the next date of hearing to answer how he has entertained such document while this Court has alreadj. clcclared that he 6as no such power.
Post after two weeks in motion list for appearance of 3.d respondent.'
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non I)r()seor 1 1on Thereshall be no ordelas Lo 'ost:i
As se';r-tclto it, MiscellaneousPetitions'if anypending'
shail s,,andCtsmissed
'(2012(2)AL1728) SD/.T. JAYASREE tIll -"' Al SISiAI'ITREGISTRAR //TRUECOPY// J sec;ttoru oFFlcER
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HIGH COURT
DATED:05102t2025
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ORDER
WP.No.7743,tf 2017'
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DISMIS$ING THE WRIT PETITIONFOR NONPROSECUTION WITHOUTCOSTS
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1 issue framed by the court
Whether the cancellation of a gift deed and registration of a sale deed by the Sub-Registrar was valid?
Colour shows how this judgement treated each authority
Fazalullah Khan vs State of Andhra PradeshReferred¶51
Fazalullah Khan vs, State of Andhra Pradesh [2012 (2) ALT 728]
2 provisions across 2 enactments
M.A.
The State of Telangana
The District Registrar, Hyderabad District Red Hills
The Joint Sub-Registrar-II, Hyderabad
Razzak
Smt. Farah Zeba Khan
N.V. SHRAVAN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
