APHC010160382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8326/2025 Between: Tamma Jyothi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAMESH N Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the 3rd respondent in considering the Petitioner's representation dated 13-03-2025as arbitrary, illegal, apart from being voilative of fundamental rights guaranteed to the petitioner under Articles, 14, 19 and 21 of Constitution of India and consequently direct the 3rd respondent to consider the representation dated 13-03-2025 by passing speaking order in accordance with law within stipulated time and convey the copy of such order to the petitioner” 2. The petitioner submitted a representation dated 13.03.2025 to the District Registrar, Guntur to cancel the Will bearing Document No.172025 dated 17.01.2025 allegedly executed by her father. Inspite of receiving the representation, the third respondent did not act upon the representation submitted by the petitioner. Challenging the inaction of the third respondent, the present writ petition is instituted. 3. Heard learned counsel for the petitioner and learned Government Pleader for Stamps and Revenue. 4. The relief sought in the present writ petition is to dispose of the representation dated 13.03.2025 pending with the third respondent. But, the claim of the petitioner in the representation is to cancel the Registered Will dated 17.01.2025 said to have been executed by the father of the petitioner in favour of the unofficial respondents without there being proper consent from her father who was hospitalized. 5. It is settled law that, for cancellation of any registered deed or registered Will, the parties to the document are bound to initiate appropriate proceedings before the competent civil court to get the document cancelled. Cancellation of any registered deed or Will requires lengthy trial, adducing evidence and scrutiny of documents. While a Registrar is the competent authority for registration of Sale Deeds, in cases wherein a cancellation is sought, the law has been settled that it is only by the Civil Court that is competent to set aside any registered instrument, and such power does not vest with the Registrar. It is only once a formal decree has been obtained from the Civil Court and appropriate directions are passed that a Registrar may consequently proceed to act under such directions and make changes in the records. Therefore, the relief claimed by the petitioner in this writ petition cannot be adjudicated under extraordinary jurisdiction of this Court. However, the petitioner is granted liberty to pursue her remedy before appropriate civil court. 6. With the above, writ petition is disposed of. No costs. 7. Consequently, miscellaneous applications pending if any, shall stand closed. ____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:01.04.2025 SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8326/2025 Date:01.04.2025 W SP