H •3 3 3H ‘ APHC010262012025 IN THE HIGH COURT OF ANDHRA PR AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13917 OF 2025 Between: Kakarla Veera Venkata Padmavathi, W/o. Kakarla Kotaiah Kuchipudi Village, Movva Mandal, Krishna District, Kakarla Veera Venkata Padmavathi, Chowdary, R/o. And also resident of D.No.8-1412,Flat No F-110 Dhanalakshmi Towers, N T R Housing Padmaja Nagar.Tadigadapa Penamaluru Mandal, Krishna District-521137 Village ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Department of Stamps and Registration, Andhra Pradesh Secretariat Velagapudi, Guntur District 2. The Commissioner Registration and stamps, D.No 5-59 Valley Apartments, Edupugallu, Kankipadu Mandal-521151 3. The Inspector General of Registration and stamps, D.No 5-59 R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal-521151 4. The District Registrar, Registration stamps Krishna District Machilipatnam 5. The Sub Registrar, Movva S R O Movva. Mowa Mandal District R.K.Spring Krishna ...RESPONDENTS Petition under Article 226 of the Constitution of circumstances stated i pleased to issue a Writ, order India praying that in the in the affidavit filed therewith, the High Court may be or direction, especially one in the nature of Writ of Mandamus declaring the inaction of the Respondent considering the petitioner Representation dt. 17-10-2024 No.4 and 5 in not and 11-04-2025and not follow the decree and judgment In 0. S. No.73 of 2009, dated 18-02- 2013passed by the Court of the Honble Senior Civil Judge, Avanigaddaas illegal,arbitrary and violative of Article Art. 14 India and and 25 of the Constitution of consequently direct the Respondents to Representation of the petitioner dt. 17-10-2024 consider the and 11- 04-2025 and honour decree and judgment in O. S. No.73 of 2009, dated 18-02-2013. lA NO: 1 OF 2091^ Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider the Representation 17-10-2024 and 11-04-2025and follow the decree No.73 of 2009, dated 18-02-2013 praying that in the circumstances stated of the petitioner dt. and judgment in O. S. passed by the Court of the Hon’ble Senior Civil Judge, Avanigadda pending disposal of the writ petition. Counsel for the Petitioner: SRI B.SUDHAKAR KUMAR 5: GP FOR STAMPS AND registration Counsel for the Respondent Nos.1 to The Court made the following: ORDER APHC010262012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13912 OF 2025 Between: ...PETITIONER Kakarla Veera Venkata Padmavathi AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.B.SUDHAKAR KUMAR Counsel for the Respondent{S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: a THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13912 OF 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the inaction of the Respondent No. 4 and 5 in not considering the petitioner Representation dt 17.10.2024 and 11.04.2025 and not follow the decree and judgment in O.S.No.73 of 2009 dated 18.02.2013 passed by the Court of the Hon’ble Senior Civil Judge Avanigaddaas illegal, arbitrary and violative of Article Article 14 and 25 of the Constitution of India and consequently direct the Respondents to consider the Representation of the petitioner dt. 17.10.2024 and 11.04.2025 and honour decree and judgment in O.S.No.73 of 2009, dated 18.02.2013 and pass such other order...” 2. The claim of the petitioner is that she is legally wedded wife of Kakarla Kotaiah Chowdary. The husband of the petitioner executed Registered Gift Deeds vide Documents Nos. 2104 and 2105 of 2008 in favour of the petitioner and given possession to her in respect of the properties covered under the said Gift Deeds. Subsequently the husband of the petitioner had unilaterally cancelled the said Gift Deeds by way of executing two revocation deeds vide Documents No. 1537 and 1536 of 2009 respectively. Aggrieved by the same, the petitioner filed a suit in O.S.No.73 of 2009 on the file of the Court of Senior Civil Judge, Avanigadda seeking relief to declare the petitioner is an absolute owner of the schedule properties under the Gift Deeds and also to declare the corresponding revocation deeds as null and void. The said suit was decreed on 18.02.2013 by directing the concerned authorities to cancel the revocation ( \ deeds executed by the donor which are executed unilaterally is contrary to the provisions of the Registration Act, 1908. So far, the Respondents 4 and 5 below nor cancelled the , the present writ petition neither implemented the orders of the Court revocation deeds executed by the donor. Hence came to be filed. 3. On the other hand, learned Assistant Government Pleader, Revenue for the Respondents piaced on record the written instructions dated 23.06.2025 Wherein it was stated as follows:- “It IS further submitted that in the orders of the Hon’ble Senior Civil Judge, there are no directions to the Sub-Registrar, Deeds 1536/2009 & 1537/2009, whereas Smt. Movva to cancel the Kakarla Veera Venkata Padmavathi is requesting to cancel the previously registered cancellation deeds i.e 1536/2009 & 1537/2009 without presenting any deeds of cancellation. It is further humbly submitted that the Registering Officer suo motu cancel the documents unless cannot a cancellation deed is presented before the Registering Officer and if the defendants have executed and presented a cancellation deed before the Sub-Registrar, in the Sub Registrar Officer, Movva the same wouid have been registered immediately, but no such cancellation deed has been presented tit! now by the defendants therein seeking cancellation of the Revocation of Gift Deeds bearing Nos. 1536/2009 and 1537/2009 as per the directions of the Hon’ble Senior Civil Avanigadda.” Judge, 4. The learned Assistant Government Pleader for Respondents submits that in view of the Judgment and decree of the Court below, has not provided the copy of the order of the Court below Deeds for cancellation of the same. If the petitioner submits the respondents and Revocation a copy of the order as well as Revocation Deeds, which are to be cancelled, then the claim of the petitioner shall consider along with the representation dated 11.04.2025 submitted by the petitioner and pass appropriate orders within reasonable time in accordance with law. 5. Having regard to the facts and circumstances of the case, upon perusal of the material available on record and considering the submissions of both the counsel, the petitioner is entitled to claim relief as prayed for in the light of the Judgment and decree of the court below in O.S.No. 73 of 2009. This Court is conscious that no such direction be issued in view of the judgment of the Apex Court in The Government of India v. P.Venkatesh\ wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the Representation dated 11.04.2025 submitted by the petitioner, I find no other alternative except to issue such direction. 6. 7. In the result. Writ Petition is disposed of, directing the petitioner to furnish Registered Revocation Deeds, which to be cancelled within a period of two (02) weeks from the date of receipt of a copy of this order, apart from copy of the Judgment and Decree of the Court below. After receipt of the same, the respondents 4 and 5 shall dispose of the Representation dated 11.04.2025 with reference to the order of the Court below in accordance with law, after 2019(8) SCALE 544 7 >, providing an opportunity of personal hearing of the petitioner and other stakeholders, if any, within two (02) months from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// S OFFICER To 1. The Principal Secretary. Department of Stamps and Registration Andhra Pradesh Secretariat, Velagapudi, Guntur District 2. The Commissioner Registration and stamps, D.No 5-59 R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal-521151 3. The Inspector General of Registration and stamps, D.No 5-59 R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal-521151 4. The District Registrar, Registration stamps Krishna District Machilipatnam 5. The Sub Registrar, Movva S R O Movva, Mowa Mandal Krishna District 6. One CC to Sri B.Sudhakar Kumar, Advocate [OPUC] 7. Two CC’s to GP for Stamps and Registration, Advocate [OPUC] 8. Three CD Copies ssb ( HIGH COURT DATED:23/06/2025 ORDER WP No. 13912 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS