WRIT PETITION 977 of 2019 on 17 November 2016

ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4[th] respondent in registering the revocation of gift settlement deed bearing No.8996 of 2016, dated 17-11-2016 with regard to building property in Sy.No.781/A2C2 bearing D.Nos. 40/39-2A, 40/39-2B, 40/39-2C, 40/39-2D, 40/39-2E with shops in the ground 1[st], 2[nd], 3[rd] and 4[th] floor of U-Con Diamond Complex total admeasuring 68.88 sq.yds viz., 620 sq.feet in ground floor, 420 sq. feet in first floor, 620 sq.feet in third floor and 420 sq.ft in 4[th] floor situated in Kallur village and Mandal, Kurnool district as illegal, arbitrary and one out jurisdiction and to pass such other or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. When the matter came up for admission on 23.12.2016, this Court passed the following interim order:- “…The endorsement made by the 4[th] respondent-District Registrar, dated 17.11.2016 to the extent of registering a case against the petitioner is stayed for a period of six (06) weeks.”

3. The brief facts of the case are that the petitioner is the owner and possessor of land in Sy.No.781/A2C2 bearing D.Nos.40/39-2A, 40/39-2B, 40/39-2C, 40/39-2D and 40/39-2E with shops in ground floor, 1[st], 2[nd], 3[rd]

and 4[th] floors of U-Con Diamond Complex, totally admeasuring to an extent of 68.88 Sq.yds, situated in Kallur Village and Mandal, Kurnool District by virtue of Gift Deed vide Doc.No.8139/2013 dated 31.12.2013, executed by the 5[th] respondent, who is the petitioner’s father. Ever since the execution of the Gift Deed, the petitioner was in continuous possession and enjoyment of the said property without any interruption from any corner. But however, with the rise in the property values in the vicinity, the petitioner’s family members have prompted the 5[th] respondent to cancel the Gift Deed executed in his favour. As such, the 5[th] respondent presented a cancellation deed for registration on 11.02.2015 and having come to know about the same, the petitioner herein approached the 3[rd] respondent requesting him not to entertain any cancellation deed. But the 3[rd] respondent refused to heed his request stating that he cannot stop registration without there being any court orders to that effect. The petitioner states that the 3[rd] respondent has no jurisdiction to register cancellation deed unless upon mutual consent of both the parties. Aggrieved by the action of the respondent, the present Writ Petition is filed.

3. When the matter is taken up for hearing, learned counsel for the petitioner has submitted that subject matter of this Writ Petition is squarely covered by the subject matter in W.P.No.977 of 2019. The operative portion of the order passed in W.P.No.977 of 2019, dated 07.03.2019 is as follows:- “In the result, the Writ Petition is accordingly, allowed as prayed for. Since this Court did not go into the correctness or otherwise of the contents of the subject cancellation or revocation deed and has set it aside and/or declared it as null and void, having regard to the legal position obtaining, this order shall not preclude the executants of the said cancellation or revocation deed to seek the common law remedy, which the law permits…”

4. Learned counsel for the petitioner requested this Court to pass similar order in this Writ Petition also.

5. Heard and perused the order dated 07.03.2019, passed in W.P.No.977 of 2019. The learned Government Pleader has not opposed for passing similar orders.

6. In view of the above, recording the submissions made by both the counsel, this Writ Petition is allowed as prayed for following identical lines as was granted in W.P.No.977 of 2019 on 07.03.2019. Since this Court did not go into the correctness or otherwise of the contents of the subject cancellation or revocation deed and has set it aside and/or declared it as null and void, having regard to the legal position obtaining, this order shall not preclude the executants of the said cancellation or revocation of gift deed to seek the common law remedy by approaching the competent Civil Court. There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall also stand closed.

The office is directed to enclose a copy of the order dated 07.03.2019 issued in W.P.No.977 of 2019 to this order.

_______________________

JUSTICE V.SUJATHA

Date : 30.12.2022 GSP/PSR

105

HONOURABLE SMT. JUSTICE V.SUJATHA

(Allowed)

WRIT PETITION No.45106 of 2016

Date : 30.12.2022

GSP/PSR