High Court for State of TelanganaWP/39865/2016disposed of no costs

Shahabuddin Sohaial v. The State Of Telangana

2016-11-21C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.39865 of 2016 ORDER:

Heard the learned counsel for the petitioners and learned Government Pleader for Revenue and, with their consent, the writ petition is disposed of at the admission stage. The action of respondent No.3, in entertaining the document for cancellation of Irrevocable General Power of Attorney dated 28.08.2015, vide document No.4489/2015, executed by respondent No.4 in favour of the petitioner, unilaterally without notice or consent of the petitioner, is questioned in this Writ Petition, as being illegal and arbitrary. The petitioner states that respondent No.4 executed Irrevocable General Power of Attorney, dated 28.08.2015, vide document No.4489/2015, in his favour before respondent No.3, in respect of land in Sy.No.237, admeasuring Ac.3.21 gts. situated at Puppalguda Village, Rajendranagar Mandal, Ranga Reddy District.

He further states that while huge amount was spent towards development of the subject land, respondent No.4 is now threatening to cancel the document dated 28.08.2015. Petitioner would rely on a Division Bench judgment of this Court in W.P.Nos.20683 of 2012 and 2192 of 2013 to contend that unilateral cancellation of documents, such as Development Agreement-cum-General Power of Attorney under the Registration Act, is not permissible in law. Hence the Writ Petition.

Learned Government Pleader for Stamps and Registration, on instructions, submits that any action to cancel the

Irrevocable General Power of Attorney, dated 28.08.2015, vide document No.4489/2015, executed by respondent No.4 in favour of the petitioner, by respondent No.3 would only be in accordance with law.

Recording the submission of the learned Government Pleader that cancellation of document No.4489/2015, dated 28.08.2015, by respondent No.3 would only be in accordance with law, the Writ Petition is closed.

Miscellaneous Petition pending, if any, shall also stand disposed of. No order as to costs.

C.PRAVEEN KUMAR,J Date:21.11.2016 usd