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2025 DIGILAW 1492 (TS)

Rama Swargam v. State of Telangana

2025-11-13

K.SARATH

body2025
ORDER : K.Sarath, J. Heard Sri T.P.Acharya, learned counsel for the petitioners and Smt.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4. In spite of service of personal notice, none appeared for the respondent No.5. 2. Learned counsel for the petitioners submits that the petitioners filed the present Writ Petition seeking to declare the letter No.89/2025 dated 05.05.2025 issued by respondent No.4-Sub-Registrar, Sircilla, as illegal and arbitrary. 3. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of land admeasuring 2200 Sq.yards (equivalent to 1839.49 Sq.meters) in Sy.No.66/A, situated near H.No.3-4-91, Shanthinagar Post Office Road, Rallabavi Locality, Sircilla Town and Mandal, Rajanna-Sircilla District. The petitioners have purchased the said land from the original owners through a registered sale deed dated 24.11.2017 vide Document No.8889/2017. The petitioners later intended to sell the said property and for that purpose, executed a Registered General Power of Attorney (for brevity, ‘GPA’) dated 04.03.2023 in favour of the respondent No.5 vide document No. 1908/2023, in the office of respondent No.4, authorizing respondent No.5 to execute sale deeds on behalf of the petitioners, either for part or whole of the property. It is specifically stated that the said GPA does not confer any ownership rights or interest upon respondent No.5 in the subject property. 4. Learned counsel for the petitioners further submits that although the GPA was executed on 04.03.2023, no part of the property has been sold and the land remains intact till date and the GPA is also subsisting. However, the respondent No.5, in collusion with certain third parties, is trying to alienate the subject property and therefore, the petitioners decided to cancel the GPA dated 04.03.2023 executed in favour of the respondent No.5 and approached the respondent No.4 for its cancellation. However, the respondent No.4, directed the petitioners to bring the respondent No.5 to his office for the cancellation process and when the petitioners informed that the respondent No.5 was not cooperating, the respondent No.4 stated that unilateral cancellation was not possible unless both parties appeared before him and issued an impugned letter dated 05.05.2025. 5. Learned counsel for the petitioners further submits that the GPA executed in favour of the respondent No.5 is a simple power of attorney and not one coupled with any interest. 5. Learned counsel for the petitioners further submits that the GPA executed in favour of the respondent No.5 is a simple power of attorney and not one coupled with any interest. The petitioners being the executors are legally entitled to revoke or cancel the same at any time in order to safeguard their ownership and rights over the property and the impugned letter is contrary to the law. Learned counsel requested to allow the present Writ Petition by directing the respondent authorities to register the cancellation deed submitted by the petitioner for cancelling the GPA dated 04.03.2023 in favour of the respondent No.5. 6. Learned counsel for the petitioners relied upon the Judgment of this Court in Kayitha Venkateswara Reddy Vs The State of Telangana and Ors. /b> , [Unreported order passed by this Court in W.P.Nos.529, 5809 and 8249 of 2023, dated 26.06.2023.] 7. On the other hand, learned Assistant Government Pleader for Revenue basing on the counter filed by respondent No.4 submits that the petitioner has submitted a representation dated 01.05.2025 for unilateral cancellation of the registered GPA Document No.1908/2023 dated 04.03.2025, which was executed in favour of Sri Sandaveni Raju, S/o. Devaiah i.e., respondent No.5 herein. Further, the petitioner has already been informed vide Lr.No.89/2025 dated 05.05.2025 that both the parties should be present for cancellation of GPA document through a bilateral agreement to cancel the document and execute a registered revocation or cancellation deed before the registering authority and the registering authority does not have any power to unilaterally cancel the said GPA. However, the principal can revoke a GPA through a legally recognized process involving consent of the agent or through a Court order and not through a unilateral cancellation. Learned Assistant Government Pleader submitted that the respondent authorities will follow due process of law and requested to pass appropriate orders. 8. After hearing both sides and on a perusal of the material on record, this Court is of the considered view that the petitioner is questioning the impugned letter No.89/2025 dated 05.05.2025 passed by the respondent No.4-Sub Registrar, Sircilla, wherein it is stated that both parties should be present for cancellation of GPA document before the registering authority and the registering authority is not having any power to cancel the document unilaterally. The contention of the respondents is that a registered GPA is a bilateral agreement, therefore, the registering authority does not have any power to cancel the same. 9. In fact, this Court considered the said issue in similar matters and held that a simple GPA is revocable and can be cancelled by the executants unilaterally. The Judgment relied by the learned counsel for the petitioner in Kayitha Venkateswara Reddy Vs The State of Telangana and Ors. /b> (supra) would squarely apply to the instant case. 10. This Court also in Mohan Sudan Kanake and Ors. Vs The State of Telangana , Reported Judgment passed by this Court in W.P.No.3622 of 2016 dated 26.06.2025. held that a irrevocable GPA can be revoked and the same can be cancelled without issuing any notice to the GPA holder, if there is no interest or consideration mentioned in the GPA. In the instant case also, the document executed by the GPA executants is a simple GPA without any mention about the consideration or interest of the respondent No.5. 11. In spite of service of personal notice to the respondent No.5, none appeared before this Court. In view of the same, the document presented by the petitioner for cancellation of the registered GPA vide document No.1908/2023 dated 04.03.2023 executed in favour of the respondent No.5 has to be entertained by the Registering Authority. 12. In view of the above findings, this Writ Petition is disposed of by setting aside the impugned Lr.No.89/2025 dated 05.05.2025 issued by respondent No.4-Sub Registrar and further directing the respondent No.4-Sub Registrar to receive, register and release the document presented by the petitioner for cancellation of registered GPA Document No.1908/2023, subject to the document presented by the petitioner is complying with the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed.