APHC010251872020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 16554/2020 Between: 1. DEVARAPALLY RAJASEKHAR, FATHER NAME. D. RAMAIAH, AGE. 31, R/O. ANKAMMA NAGAR, KODUR VILLAGE AND MANDAL, Y.S.R. KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT REGISTER, KADAPA, YSR KADAPA DISTRICT. 3. THE JOINT SUB REGISTER, PULLAMPET KADAPA DISTRICT. 4. DEVARAPALLY NARASAMMA, W/O. LATE D.GITTAIAH, AGED ABOUT 81 YEARS, HINDU, OCC. HOUSE WIFE, R/O. ANKAMMA NAGAR, KODUR VILLAGE AND MANDAL, Y.S.R.KADAPA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate writ or any other order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent herein in Registering the cancellation of settlement deed vide document No.2185 /2019, dated 2 21.08.2019 executed by the 4th Respondent herein canceling the settlement deed dt.02.05.2019 vide documents No. 1059 /2019, executed by her in favour of the petitioner pertaining to the schedule settlement deed property i.e. House bearing Nos. 5/317, 5/317-1, 5/317- 2, 5/317-3, constructed in 230 sq. yards situated in Sy.No.676, 5th Ward, Ankamma Nagar, Kodur Panchayat and village and Mandal, YSR Kadapa District an extent of 230 sq. yards as illegal, arbitrary, violative of principles natural Justice and contrary to the provisions of the Registration Act, 1908 of Rules made there under Rule 26(i)(k) and consequently set aside the cancellation of settlement deed executed by the 4th Respondent vide Document No.2185, dt.21.08.2019 Registered by the 3rd Respondent, by declaring the same is null and void and not enforceable and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Registered cancellation of settlement deed executed by the 4th Respondent herein vide document No. 2185, Dated : 21.08.2019, registered by 3rd Respondent herein by directing the 4th Respondent herein not alienate the settlement deed property i.e. House Bearing Nos.5/317, 5/317-1, 5/317-2, 5/317-3 constructed in 230 sq.yards situated in Sy.No.676, 5th Ward, Ankamma Nagar, Kodur panchayat and village and Mandal, YSR Kadapa District pending disposal of the above Writ Petition and to pass IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To vacate the interim order dt 17-09-2020 passed in WP.No 16554/2020 Counsel for the Petitioner: 1. B S REDDY Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS (AP) 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 3. In spite of service of notice, none appears for the 4th respondent. 2. This writ petition was filed questioning the action of the 3rd respondent in registering the cancellation of the gift settlement deed vide document No.2185/2019 dated 21.08.2019 executed by the 4th respondent cancelling the settlement deed vide document No.1059/2019 dated 02.05.2019 in favour of the petitioner pertaining to the schedule settlement deed property i.e., house bearing Nos.5/317, 5/317-1, 5/317-2, 5/317-3 constructed in 230 Sq. Yds. situated in Sy.No.676, 5th ward, Ankamma Nagar, Kodur Panchayat and village and mandal, YSR Kadapa District. 3. The learned counsel for the petitioner submits that the 4th respondent executed the gift settlement deed vide document No.1059/2019 dated 02.05.2019 with respect to the subject property in favour of the petitioner. While so, it was sought to be cancelled unilaterally by the 4th respondent upon presentation of the cancellation of settlement deed vide document No.2185/2019 dated 21.08.2019 and the same was registered by the 3rd respondent contrary to the rule 4 position and the decision of the Hon’ble Apex Court in Thota Ganga Lakshmi v. Government of Andhra Pradesh1. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 3rd respondent submits that, as per the instructions memo of the Commissioner and Inspector General of Registration and Stamps, A.P., Hyderabad, dated 18.07.2008 the said registration of the cancellation of the document was entertained by the 3rd respondent on the presentation of the same by the 4th respondent unilaterally to cancel the document No.1059/2019 dated 02.05.2019 vide cancellation of settlement deed document No.2185/2019 dated 21.08.2019. 5. However, both the learned counsels submit that this issue is squarely covered by the order of this court passed in W.P.No.13939 of 2022 dated 24.10.2024 and the same benefit may be extended in this writ petition also. 6. Accordingly, the impugned action of the 3rd respondent in registering the cancellation of the gift settlement deed vide document No.2185/2019 dated 21.08.2019 executed by the 4th respondent is set aside herewith and the Settlement Deed bearing Document No.1059/2018 dated 02.05.2019 executed by the 4th respondent in favour of the petitioner with respect to the schedule settlement deed 1 (2010) 15 SCC 207 5 property i.e., house bearing Nos.5/317, 5/317-1, 5/317-2, 5/317-3 constructed in 230 Sq. Yds. situated in Sy.No.676, 5th ward, Ankamma Nagar, Kodur Panchayat and village and mandal, YSR Kadapa District is restored to its file for all the practical purposes to deal with the subject land in accordance with law by all the parties concerned. 7. Accordingly, this Writ Petition is allowed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 17.09.2025 NNN