Mr.Dasari Yenkateshwarlu, v. The State Of Andhra Pradesh Kep. By Its Principal

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.19872 OF 2016 ORDER :

The grievance of the petitioner is that the 11th and 12th respondents have executed registered Settlement Deed dated 12.03.2009 in his favour vide document No.4556/2009 by transferring right, title and interest out of love and affection in respect of lands in Sy.No.212 admeasuring Acs.3.00 and in Sy.No.213/B1, admeasuring Ac.1.00 situated at Kanigiri Village and Mandal, Prakasam District. However, the same was cancelled by the 11th and 12th respondents, unilaterally vide cancellation of Settlement Deed dated 31.10.2015. Aggrieved by the same, present writ petition is filed.

Learned counsel for the petitioner submits that the lis in this writ petition is squarely covered by the Judgment reported in Haji Mohammed Ahmed v. State of Andhra Pradesh and others1 and Fazalullah Khan v. State of Andhra Pradesh, rep. by its District Registrar and others2.

Though notice is served on the unofficial respondents, there is no representation on their behalf.

In Haji Mohammed Ahmed v. State of Andhra Pradesh and others (supra), learned Single Judge of this Court held as follows: "The Supreme Court, in Thota Ganga Laxmi v. Govt. of A.P.[1], held that if any sale deed is required to be cancelled, the only remedy is by way of a civil suit for cancellation, but no cancellation deed can be unilaterally executed or registered. The Supreme Court, 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 unilateral cancellation of the sale deed, as well as registration thereof, were wholly 1 2012 (2) ALD 230 2 2012 (2) ALT 728

void, non est and meaningless transactions. The observations of the Supreme Court, aforementioned, made in the context of sale deeds would equally apply to unilateral cancellation of gift deeds also. Unilateral cancellation of the gift deed in the present case must therefore be, and is, declared to be void. It is made clear that this order will not preclude the respondent from invoking the jurisdiction of the competent civil court for cancellation of the subject gift deed. In view of the same, this writ petition is allowed. However, this order will not preclude the unofficial respondents from invoking the jurisdiction of the competent civil Court for cancellation of the subject gift deed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stands closed. ____________________________ A.RAJASHEKER REDDY, J 16.09.2016 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.19872 OF 2016 Date: 16.09.2016 kvs