Smt. K.P. Meena v. The State Of Telangana And 5 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27216 OF 2019 Date:10.12.2019 Between:

Smt. K.P. Meena, W/o. Late Sri M.R. Krishna, Age 70 years, Occ: Senior Citizen, R/o.H.No.17-82, Ranga Nagar Colony, Alwal, Alwal Mandal, Malkajgiri Medchal District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27216 OF 2019 ORDER:

Heard.

2.

Petitioner alleges that on the initiative taken by her husband, who was a Public Representative of J.J. Nagar Co-operative House Building Society registered in the year 1961, land was allocated to houseless poor persons by seeking exemption under the Urban Land Ceiling Act. She further alleges that her husband also kept one plot bearing No.35 admeasuring 262.77 sq. yards. Husband of the petitioner was in possession and enjoyment of the same till his death and after his death, petitioner claims to be in possession of the same. That being so, the petitioner is aggrieved by the registration of deed of conveyance made by respondent No.5 and another person in favour of respondent No.4 in respect of the very same plot. Having come to know that the sale transaction took place, a legal notice was issued to the Deputy Commissioner, Alwal Zone, GHMC, and to the Sub-Registrar, Vallabhnagar, Registration Office, calling upon them to take immediate action to cancel all the documents connected to the property and to stop illegal constructions. Alleging inaction, this Writ Petition is filed. 3.

Except the sale document entered by the unofficial respondents and the legal notice, no other material is placed on record to show that the plot, which the petitioner claims, belongs to her. Further, the prayer sought in the legal notice, which is

sought to be enforced in the Writ Petition, is to cancel the deed of conveyance registered on 06.06.2018.

4.

Learned counsel for the petitioner is unable to point out the provision of law which vests power in the registering authority to suo motu cancel the document already registered. In the absence of any provision, no direction as sought for by the petitioner can be granted.

5.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to work out her remedies against the sale transaction entered into between respondents 4 and 5. Pending miscellaneous petitions shall stand closed.

_____________________ P. NAVEEN RAO, J Date:10.12.2019 KH