Smt. Sara Achamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.3283 of 2021 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.

It is the case of the petitioner that the petitioner filed a representation before the official respondents seeking to cancel the sale deed that has been executed by the 6th respondent herein wherein the executant of the GPA i.e. husband of the petitioner died in 1996 and even after his death the 6th respondent has proceeded to execute the sale deed Doc.No.4969/2001 dated 13.12.2001 and though this fact was brought to the notice of the official respondents, the official respondents have not initiated any action and hence the present Writ Petition.

Prima facie, it is a civil dispute where the petitioner under the Registration Act has no statutory right to file objections and seek relief to cancel sale deed by the sub-registrar and the official respondents are not obligated to consider his representation for cancellation of sale deed. The petitioner has an effective remedy to approach the competent civil Court. But his prayer under Article 226 of the Constitution of India cannot be entertained. In that view of the matter, the present Writ Petition is devoid of merit and accordingly the same is liable to be dismissed. In the result, the Writ Petition is dismissed. No order as to costs. Miscellaneous petitions, if any, shall stand closed. _________________________________ JUSTICE T. AMARNATH GOUD 12.02.2021.

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