WRIT PETITION 34976 of 2016 on 23 October 2006

1. The State of Andhra Pradesh, rep. by its Principal Secretary, RegistrationsDepartment, Secretariat Buildings; Hyderabad.Department, Secretariat Buildings; Hyderabad.

2. The Sub Registrar of Assurances, Nandyal, Kurnool District.

3. Mr. M.Nagaraja Vara Prasad, S/o. Venkata Narayana, aged 45 years, r/o.D.No. 1/307, Main Bazar, Nandyal, Kurnool District.D.No. 1/307, Main Bazar, Nandyal, Kurnool District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances statedin the affidavit filed therewith, the High Court may bepleased to issue an order or direction more particularly one in the nature of Writof Mandamus declaring the actionof the2'’^' respondentinregisteringthecancellation of the Agreement of Sale-cum-General Power of Attorney presentedby the 3"^ respondent unilaterally vide Document No. 1176/2007 dt.26.02.2007inrespectof the Agreementof Sale-cum-General Powerof AttorneybearingNo.7594/2006 dt. 23.10.2006 executed by the 3rd respondentin favour of thepetitioner pertaining to land to an extent of Ac. 0.72 centsin Sy. No. 429/1 ofMoolasagaram village, Nandyal Mandal, Kurnool District, as illegal and arbitraryand consequently to set aside the Registration of Deed of Cancellation of SaleDeed bearing Document No. 1176/2007 dated 26.02.2007.

StateofAndhraPradeshandothers^andFazalullahKhanV.StateofAndhraPradesh,rep.by its District Registrar and others^.

StateofInHajiMohammedAhmedVs.Andhra Pradesh and others(Supra), learned SingleJudge of this Court held as follows; “TheSupremeCourt,inThotaGangaLaxmiV.Government of A.P.(l),held thatif any sale deedisrequired to be cancelled, the only remedy is by way[of a]civil suit for cancellation, but nocancellation deed can beunilaterally executed or registered.The SupremeCourt,after referring to Rule 26(i)(k) of the Registration[Rules,][ held]that it 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 unilateralcancellation of the sale deed aswell as registration thereof.werewhollyvoid.non-estandmeaningless,Theobservation of the Supreme Court, aforementioned, made[in]the context of sale deeds would equally apply to unilateralcancellation of gift deeds also. Unilateral cancellation[of][ the]gift deed in the present case must there be and is[declared]to be void. It is made clear that this Order will not[preclude]therespondent frominvokingthejurisdictionof thecompetentCivil Court for cancellation of the subjectgiftdeed”.

3. Insimilar circumstances,a Division Bench ofthe High Court for the State of Telangana in Writ '2012(2) ALD 230

^2012(2) ALT 728

AppealNo.611of 2017,dated 23.03.2022heldas follows:

“Thus, having regard to the law laid down bythe Supreme Court and provisions of the Act, in ouropinion,wheneverregistereddocumentssuchasDevelopment Agreement-cum-GPA,is soughtto becancelled,executionandregistrationof suchadocument/deed must be at the instance of both theparties i.e., bilaterally and not unilaterally. If[a][ deed]of cancellation is allowedto be registered withoutthe knowledge and consent of other party to thedeed/document,soughtbecancelled,suchregistration would cause violation to the principles ofnatural justice and leadto unnecessarylitigation,emanating therefrom. In any case, as stated earlier,intheabsenceofanyprovisionspecificallyempowering the Registrar to entertain a document ofcancellation for registration without the signaturesof both the parties to the document, the deed cannotbeentertained.Moreover,iftheRegistrarsareallowedtoentertainadeedof cancellation forregistration without signatures of both the parties[to]the document soughttobe cancelled, such powerwould tantamount to conferring the power to decidedisputed questions between the parties. No party tothe document would ever approach for cancellationof registered document unilaterally unless there is[a]dispute with the other party in respect of the subjectmatter of the document”.

4. In view of the settled principles of law referredaboveandhavingregardtothefactsandcircumstances of the case, as seen from the record.whenthe documentissoughttobecancelledforexecution and registration it must be at the instanceof both parties but not by one party. In the instancecase,sincethe impugned Agreementof Sale-cum-aboveandhavingregardtothefactsandcircumstances of the case, as seen from the record.whenthe documentissoughttobecancelledforexecution and registration it must be at the instanceof both parties but not by one party. In the instancecase,sincethe impugned Agreementof Sale-cum- General Powerof Attorney, whichis sought to becancelled,isonIyunilateral,butnotbybothpartiesof theearlier document, which is illegal and contrary to[the]settled principles of law and, therefore, the unilateralregistration of document cannot be permissible underlaw.Insuchcircumstances,ifthepetitionerisaggrievedbythecancellationofsuchdocument,hemayapproachthecompetentCivil court forcancellation of such document.

5. In view of the above, the writ petition is disposedof, leaving it open to the respondents to approach[the]competentCivilCourt for cancellationof deed videdocumentNo.1176of 2007dated26.02.2007byraising all the contentions as raised herein. There shallbe no order as to costs.of, leaving it open to the respondents to approach[the]competentCivilCourt for cancellationof deed videdocumentNo.1176of 2007dated26.02.2007byraising all the contentions as raised herein. There shallbe no order as to costs.

As a sequel thereto, miscellaneous petitions,ifany, pending in this writ petition shall stands closed.

To,

SD/.P.VIN0D KUMARASSISTANT REGISTRAR

//TRUE COPY//ISECTION OFFICER

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Stamps & Registration,

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High Court of Andhra Pradesh.

5. Two C.D. CopiesCnr

Note: The word “petitioner” is corrected as “respondents” in paragraph no.5in 2'"'^ line of the order portion as per Court Order[dated.3-5-2024]inI.A.No.1 of 2024. Substitute this emended order in place[of][ earlier][ order][ which]was dispatched on 24.06.2023.

Sd/-P.VINOD KUMARASSISTANT REGISTRAR

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HIGH COURT

DATED: 16/12/202203/05/2024

AMENDED ORDERWP.No.34976 of 2016

DISPOSING OF THE W.P.WITHOUT COSTS

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