K. SRINIVAS VIJAY KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue appearing for respondents 1 to 3, and M/s.D Haritha Kiran, learned counsel appearing for respondent Nos.5 and 6. With their consent, the present Writ Petition is disposed of at the stage of admission.

(2.) Aggrieved by the action of respondent No.2 in receiving, admitting and registering the deed of revocation of gift settlement deed bearing No.2491/2008, dtd. 10/4/2008, and the consequential agreement of sale-cum-GPA (with possession) bearing document No.2658 dtd. 16/6/2008 in favour of respondent Nos.6 and 9 and another consequential agreement of sale-cum-GPA (with possession) bearing document No.4401 dtd. 8/10/2008 in favour of respondent No.14 revoking the earlier gift settlement deed dtd. 31/1/2008 bearing document No.526/2008, the present writ petition is filed.

(3.) Learned counsel for the petitioner has contended that once a deed of conveyance is executed and registered, the said deed can only be cancelled by filing a civil suit and no cancellation deed cancelling the earlier registered deed can be unilaterally executed by one of the parties. Learned counsel has further stated that when similar issue came up for consideration, this Court has passed order dtd. 30/1/2022 in W.P. No.9162 of 2019 relying on the judgment in Thota Ganga Laxmi vs. Government of Andhra Pradesh,(2010) 15 SCC 207. wherein the Hon'ble Supreme Court has held that if any sale deed is required to be cancelled, the only remedy is by way of a civil suit for cancellation of the said registered sale deed, but no cancellation deed can be unilaterally executed or registered by the authorities. The Hon'ble Supreme Court held that it is only when the earlier sale deed is cancelled by a competent civil Court can a cancellation deed be registered. Moreover, Rule 26(i)(k) of the Registration Rules enunciated under the Registration Act, 1908, mandates that a cancellation deed can be executed only after issuing notice to the concerned parties. That unilateral cancellation of the sale deed as well as registration thereof were wholly held to be void, non est and meaningless transactions.