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Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
  • HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR
Acts
  • Registration Act, 1908, and the Indian Stamp Act, 1899,
  • Section 202 of the Indian Contract Act, 1872,
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
  • HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR
Acts
  • Registration Act, 1908, and the Indian Stamp Act, 1899,
  • Section 202 of the Indian Contract Act, 1872,
See more information ...
Smart Summary

Factual and Procedural Background

The petitioner presented a Revocation of General Power of Attorney (GPA) relating to GPA bearing document No.6800/2014 to the Sub-Registrar, Stamps and Registration, Balkonda, which is stated to have refused to receive and process the revocation. The petitioner filed Writ Petition No.5765 of 2019 seeking a writ of mandamus directing respondent No.4 to receive and process the revocation. The matter was heard by Honourable Justice Sanjay Kumar, and the order disposing the petition is dated 20.3.2019.

Legal Issues Presented

  1. Whether respondent No.4's refusal to receive and process the Revocation of the General Power of Attorney was lawful.
  2. Whether Section 202 of the Indian Contract Act, 1872, is attracted where the registered GPA is a simplicitor (no interest created in favour of the power of attorney holders), and consequently whether there is an embargo on unilateral revocation.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

  1. On perusal of the registered GPA (document No.6800/2014), the court found that no interest was created in favour of the power of attorney holders; the instrument was a GPA simplicitor authorising the holders to act on behalf of the principal.
  2. The court reasoned that where no interest is created in the power of attorney holders, Section 202 of the Indian Contract Act, 1872, would not be attracted.
  3. Because Section 202 is not attracted in such a situation, the court concluded there is no embargo against unilateral revocation of the GPA.
  4. The Sub-Registrar's refusal to receive the revocation was viewed as having "lost sight" of this aspect; accordingly, the court directed the Sub-Registrar to receive and process the revocation document in accordance with due procedure.
  5. The court further directed that if the revocation document is found to be otherwise in order and compliant with the Registration Act, 1908, and the Indian Stamp Act, 1899, the Sub-Registrar shall complete registration formalities and release the document.
  6. Pending miscellaneous petitions, if any, were ordered to stand disposed of in light of the final order.

Holding and Implications

Writ Petition No.5765 of 2019 is disposed of and the Sub-Registrar, Stamps and Registration, Balkonda, is directed to receive and process the revocation document relating to GPA No.6800/2014 in accordance with due procedure.

Direct effects: the Sub-Registrar must receive and process the revocation; if the document complies with the Registration Act, 1908 and the Indian Stamp Act, 1899, registration formalities shall be completed and the document released. Pending miscellaneous petitions are disposed of and there is no order as to costs. The opinion does not state any broader precedent or wider legal implications beyond the direct effect on the parties.

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    P. Sandya Rani v. The State of Telangana

    HONOURABLE SRI JUSTICE SANJAY KUMAR

    WRIT PETITION No.5765 of 2019

    ORDER:

    The prayer of the petitioner in this case reads as under:-

    "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring action of the respondent No.4 in not receiving and processing the Revocation of General Power of Attorney presented by the petitioner as illegal, improper, arbitrary, unconstitutional and against the principles of natural justice and consequently direct respondent No.4 to receive and processes the document presented by the petitioner, i.e., Revocation of General Power of Attorney and pass such other order or orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case."

    Perusal of the registered General Power of Attorney executed by the petitioner naming several individuals, bearing document No.6800/2014, demonstrates that no interest was created thereunder in favour of the power of attorney holders. It was a GPA simplicitor authorising the power of attorney holders to undertake various acts on behalf of the principal, the petitioner herein. In the event no interest is created in the power of attorney holders, Section 202 of the Indian Contract Act, 1872, would not be attracted. In such a situation there would be no embargo against unilateral revocation of such a GPA. The Sub-Registrar, Stamps and Registration, Balkonda, seems to have lost sight of this vital aspect and is stated to have refused to receive the revocation document presented by the petitioner for registration.

    The Writ Petition is accordingly disposed of directing the Sub- Registrar, Stamps and Registration, Balkonda, to receive and

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    2 SK, J

    WP.No.5765 of 2019 Dt:20.3.2019

    process the revocation document presented by the petitioner in connection with the GPA bearing document No.6800/2014 in accordance with the due procedure. In the event the said document is found to be otherwise in order and in compliance with the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, the Sub-Registrar shall complete the registration formalities and release the document.

    Pending Miscellaneous Petitions, if any, shall stand disposed of in the light of this final order. No order as to costs. ________________________

    JUSTICE SANJAY KUMAR

    20thMarch, 2019 dr

    2

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    Comments

    P. Sandya Rani v. The State of Telangana
    (Mar 20, 2019)