The Telangana High Court recently allowed a batch of writ petitions, setting aside as many as 17 “cancellation deeds” about 45 acres of land located at a prime location in the Bahadurguda village of Shamshabad in the Ranga Reddy District.
The judgment dated September 26, delivered by Justice K Sarath, ruled that the registration department officials are not authorised to cancel already existing registered sale deeds without the orders of a court or any competent authority.
The case involved petitioner P Dheeraj Ranga Reddy and others who challenged the unilateral cancellation of registered sale deeds by the state’s revenue and registration authorities. The petitioners’ application for mutation of these lands purchased from the original owner in 2007 and issuance of pattadar pass book and title deeds was dismissed by the authorities.
They managed to sort it out by challenging this before higher authorities in the revenue department. However, in 2017, the district collector issued orders to cancel the sale deeds of these lands.
After a five-year long legal battle, the high court decisively ruled that the cancellation of these deeds was legally unsustainable. Justice Sarath delivered strong, unequivocal remarks against the actions of the registering authority.
Cancellation without due process, observes Telangana High Court
The court observed that the deeds were cancelled without following due process, directly impacting the rights of the purchasers. The judgment stated that the action was taken “beyond the scope of their statutory powers” and constituted a “blatant violation of natural justice”.
The judge emphasised that in the present cases, the subject properties are not notified as prohibited property under Section 22-A of the Registration Act. The court said that without any power or authority, the respondent authorities “unilaterally executed cancellation deeds cancelling the sale deeds of the petitioners or their vendors and the registering authority registered the same, which is arbitrary and illegal”.
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“The executive cannot deprive a person of his property of any kind without specific legal authority as held by the Supreme Court,” the judge noted. The court further directed the authorities to take steps to make necessary entries in the registers, and termed the action of the sub-registrar (Shamshabad) to be totally illegal, arbitrary, and contrary to the rules of Telangana under the Registration Act.
It also found fault with the authorities for cancelling the sale deeds of the vendors of the petitioners without taking into account the subsequent sale deeds, which were executed in favour of the petitioners and without issuing any notice to them.
“The said action of the respondent authorities is also arbitrary and illegal,” the judge stated.
“The registering authority failed to perform their statutory duties while registering the impugned cancellation deeds. In view of the same, the writ petitions are maintainable under Article 226 of Constitution of India,” the judgment added.
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As a result of the ruling, the respondent authorities have been directed to take all necessary steps to update the relevant registers by removing the effect of the quashed cancellation deeds.
However, the court clarified that its order does not hinder the government or the district collector from taking any further necessary actions regarding the land, provided that these actions are conducted legally and in accordance with due process.
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