Mrs. H. Anitha Rani v. The District Registrar Of Assurances

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.25671 OF 2011 ORDER:

This writ petition is filed for declaring the registered sale deeds vide document No.236/2011, dated 07.03.2011, as arbitrary and illegal.

When the writ petition is listed on 06.12.2016, this Court expressed a doubt regarding cancellation of sale deed under Section 31 of the Specific Relief Act, 1963 and the learned counsel for the petitioner expressed his ignorance of the said provision and sought time to go through the said provision. Again when the matter is listed today, time is sought. A reading of the writ affidavit goes to show that there are disputes among the petitioners and unofficial respondents. When the petitioners have alternative remedy under Section 31 of the Specific Relief Act, 1963, this Court cannot go into the question of facts and grant relief. In view of the same, I do not see any reason to entertain the writ petition.

Accordingly, the writ petition is dismissed. However, it is open for the petitioner to avail remedy under Section 31 of the Specific Relief Act, 1963. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 03.01.2017 t k.