SILPA DEVELOPERS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed questioning the refusal order No.218/2023 of P.382/2021/Refusal Order No.05/2023 dtd. 12/4/2023 passed by the fourth respondent, wherein the deed of cancellation, dtd. 3/12/2021 submitted by the petitioners for registration seeking to cancel the Development Agreementcum-General Power of Attorney (GPA), dtd. 26/7/2012 vide document No.5137/2012 was refused to be registered by the fourth respondent on the ground that six out of fourteen executants of the said document failed to appear before him within a period of four months' time prescribed under Sec. 23 of the Registration Act, 1908 ("the Act, 1908" for brevity) or within a further period of four months provided under proviso to Sec. 34 of the Act, 1908.

(2.) The brief facts of the case are that the cancellation deed in question was executed on 3/12/2021 and presented for registration on the same day before the fourth respondent. However, out of fourteen persons, who executed the said document, only eight persons have appeared before the fourth respondent and the remaining six executants have appeared after a lapse of 479/480 days and complied with the required formalities. But the said document was refused to be registered by the fourth respondent on the ground that the six out of fourteen executants of the said document have appeared before him beyond the four months' period prescribed under Sec. 23 of the Act, 1908 and also on the ground that the time that is extendable for a further period of four months also lapsed.

(3.) Learned Assistant Government Pleader for Stamps and Registration placed before this Court the written instructions received from the fourth respondent through letter No.253/SRO/KKP/2023, dtd. 25/4/2023 wherein the fourth respondent stated as under:-