HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7178 of 2009 Date : 18.07.2011 Between : Gurudu Ravinder. …..Petitioner And The Sub-Registrar, Shamshabad, Ranga Reddy District & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7178 of 2009 ORDER: This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondent No.1 in registering the deed of cancellation in document No.1167/2006, dated 25.01.2006, executed by the 2nd respondent, as illegal. The 2nd respondent was the owner of land admeasuring Ac.21.08 gts., covered by Sy.Nos.182/E, 183/AA, 184/AA, 185/AA and 185/AB, situated at Thondpally village of Shamshabad Mandal in Ranga Reddy District. It is the case of the petitioner that he has purchased three plots bearing Plot Nos.623, 624 and 625, admeasuring 200 sq. yards each, equivalent to 502.09 sq. metres, for a sum of Rs.78,000/- from the 2nd respondent herein. It is stated that after receiving the sale consideration of Rs.78,000/-, the 2nd respondent has executed a registered sale deed bearing document No.4877 of 2004 on 05.10.2004, and he was given possession of said plots. It is the case of the petitioner that, after executing the aforesaid registered sale deed, the 2nd respondent has unilaterally presented the deed of cancellation vide document No.1167/2006, dated 25.01.2006, and the 1st respondent has entertained the same and registered it. It is his grievance that the bilateral agreement, pursuant to which, transfer of land was effected by way of registered sale deed, cannot be cancelled unilaterally by the 2nd respondent, and hence, the 1st respondent ought not to have entertained such document for registration. Respondents 1 and 2 have filed separate counter affidavits. In the counter affidavit filed by the 1st respondent, it is stated that the impugned document is entertained for registration as per the instructions issued by the Inspector General of Registration and Stamps, who is the competent authority under the provisions of the Registration Act. In the counter affidavit filed by the 2nd respondent, while denying that he has agreed to sell plots to the petitioner, it is stated that during the course of the sale transactions of his real estate venture, by oversight, sale deed No.4877/2004 was executed along with other documents without noticing payment of sale consideration for the aforesaid land, and as such, he got cancelled the said earlier deed, by executing the cancellation deed vide document No.1167/2006, dated 25.01.2006. Heard learned counsel for petitioner Sri Ch.Janardhan Reddy, learned Government Pleader appearing for the 1st respondent and Sri Venkat Raghu Ramulu, learned counsel appearing for the 2nd respondent. In this writ petition, it is not in dispute that the earlier document, by which, the petitioner is claiming transfer, is the document executed by the 2nd respondent, transferring the title and possession of property covered by said document, namely, plot Nos.623, 624 and 625, each admeasuring 200 sq. yards, in Sy.Nos.182/E, 183/AA, 184/AA, 185/AA and 185/AB, situated at Thondpally village of Shamshabad Mandal in Ranga Reddy District. In one of such matters, where cancellation was unilaterally done, matter went before the Hon’ble Supreme Court in the case of Thota Ganga Laxmi Vs. Government of Andhra Pradesh, in Civil Appeal No.317 of 2007. In the aforesaid matter, when the writ petition filed seeking to declare the cancellation deed as illegal, was dismissed on the ground that the petitioner should approach the Civil Court, the Hon’ble Supreme Court has held that there is no need in such matters to approach the Civil Court, as much as the said cancellation deed and registration thereof, are void, non est and can be ignored altogether. In the aforesaid judgment, it is further held that when a sale deed is cancelled by a competent Court, then, the cancellation deed can be registered, that too, after issuing notice to the concerned parties, and in the absence of any declaration by competent Civil Court, no such document can be entertained. The ratio laid down by the Apex Court in the aforesaid judgment fully covers the issue involved in the present writ petition. In that view of the matter, following the judgment referred above, this writ petition is allowed, declaring the cancellation deed bearing document No.1167/2006, dated 25.01.2006, as void, non est and has got no legal value. No costs. _____________________ R.SUBHASH REDDY, J 18th July 2011 ajr