Sreedharla Prabhavathi v. The Sub Registrar Of Assurances, Gajuwaka

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] MONDAY THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND SIXTEEN PRESENT WRIT PETITION NO. 1211 OF 2010 Between:

Sreedharla Prabhavathi & Ors. ... Petitioners V/s.

The Sub-Registrar of Assurances Gajuwaka, Visakhapatnam & Anr. ... Respondents Counsel for the Petitioners : Sri KV Subrahmanya Narusu Counsel for the Respondents: GP for Co-operation Dr.D.V.Nagarjuna Babu GP for Revenue

The Court made the following: [order follows] WRIT PETITION NO. 1211 OF 2010 O R D E R :

Heard Sri Sairam Murthy, learned counsel for Petitioner and Sri D.V. Saradhi for second respondent.

2. The petitioners pray for mandamus directing the first respondent not to register cancellation deeds of properties registered through sale deeds No.1916/1984 dated 23/2/1984; No.1205/1984 dated 09/2/1984; No.1207/1984, dated 09/2/1984; dated 23/3/1982, No.2719/1982 dated 23/3/1982; No. 1916/1984 dated 23/2/1984; No. 1915/1984 dated 23/2/1984; No. 1203/1984 dated 09/2/1984.

3. At the time of hearing, it is brought to the notice of this Court that except third petitioner the other petitioners have paid the sale consideration and got their allotment regularized. In so far as third petitioner is concerned the cancellation deed was executed on 28/10/2004 much prior to the filing of the writ petition. From this undisputed circumstance, it is clear the writ prayer cannot and could not be considered by this Court for the third

petitioner has to work out his remedy if any against the alleged cancellation by initiating appropriate proceedings.

4. The writ petition is dismissed giving liberty to third petitioner to work out remedy if any against the registration of cancellation deed dated 28/10/2004. No costs.

5. As a sequel, miscellaneous petitions if any, pending in this Writ Petition shall stand closed.

__________________ JUSTICE S.V. BHATT 14/03/2016 I s L

WRIT PETITION NO. 1211 OF 2010 Date: 14/03/2016 Circulation No.

Court Master: I s L