APHC010291542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14904 OF 2025 Between: Madala Sri Valli, D/o. Ramesh Babu, Aged 39 years, Occ Business, R/o. 4-4-160/A, 5/1 ST line, Chandramouli Nagar, Guntur City, Guntur District. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep.by its Principal Secretary to the Government, Revenue Department (Stamps and Registration), Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Registrar, Guntur District at Guntur. 3. The SubRegistrar, Koritepadu Mandal, Guntur District. 4. The Agri Tech Private Limited, Rep.by its Director V. Padmasri, W/o. Rama Rao, R/o. D.No. 1-25-17, SVN Colony Guntur City, Guntur District. 5. Katragadda Manjulatha, W/o. Sambasiva Rao, R/o. JKC College Road Guntur Town, Guntur District ...Respondents 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 2 respondent in insisting the petitioner to surrender original sale deed dated 31.01.2025 vide. Document Number 939/2025 stood registered on the file of 3RD respondent for being cancelled and also proceedings in letter NO.G5/1213/2025 the form of notice dated 09.04.2025 initiated by the 2 respondent without considering her reply objection dated 24.04.2025 as illegal, irregular, irrational violative of principles of natural justice and contrary to the provisions of the Registration Act 1908 and rules framed there under and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2ND respondent not to insist him to surrender her sale deed nor cancel the same. nd r nd lA NO: 1 OF 2025 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 notice dated 09.04.2025 in proceedings Letter.No. G5/1213/2025 issued by 2'^'^ respondent and consequently direct the 2ND respondent not to insist the petitioner to surrender her sale deed dated 31.01.2025 vide. Document Number 939/2025, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 3: GP FOR REGISTRATION AND STAMPS Counsel for the Respondent Nos.4 & 5: NONE APPEARED The Court made the following order: 1 APHC010291542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE [3329] PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NI MMAGADDA WRIT PETITION NO: 14904/2025 Between: Madala Sri Valli ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: 2 / THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14904/2025 The Court made the following Order; The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “...pleased to issue a writ order or direction more particulariy one in the nature of WRiT OF MANDAMUS declaring the action of respondents particularly 2""' respondent in insisting the petitioner to surrender originai sale deed dated 31.01.2025 vide Document Number 939/2025 stood registered on the file of 3'"' respondent for being cancelied and also proceedings in letter No G5/1213/2025 the form of notice dated 09.04.2025 initiated by the 2^"^ respondent without considering her reply objection dated 24.04.2025 as iilegal irreguiar irrational violative of principles of natural justice and contrary to the provisions of the Registration Act and rules framed there under and violative of Articles 14 21 and 300A 1908 of Constitution of india and consequently direct the 2"^^ respondent not to insist him to surrender her sale deed nor cancel the same and pass.. ” The case of the petitioner is that, the 2^^ respondent issued a notice dated 09.04.2025 directing the petitioner to attend an enquiry and submit documents in support of her title before the 2^^ respondent. In response to the said notice, the petitioner submitted a detailed explanation on 24.04.2025. It is submitted that, without considering the petitioner's explanation and without passing any order pursuant to the notice dated 09.04.2025, the respondents are now insisting that the petitioner to surrender the 02. 3 original sale deed. The petitioner further submits that the cancellation of a registered sale deed can only be effected through appropriate proceedings before a competent court of law. In the absence of any such proceedings, the respondent authorities have no authority either to cancel the registered title deed or to compel the petitioner to surrender the original sale deed. Hence, this petition. On the other hand, learned Assistant Public Prosecutor furnished written instruction, wherein it is stated that; 3. “On receiving the complaint, this office has been issued a Memo No: 65/1213/2025 Dt.10-03-2025 to SRO Koritepadu to submit a detailed report on the above complaint. The sub registrar, Koritepadu has submitted a reply in compliance to the MEMO No: 65/1213/2025 Dt.10- 03-2025 on 18-03-2025 stated that, the complainant's Vattikuti Padmasri and other in their complaint Dt: 22-02- 2025 alleged that the family tree certificate said to have been issued by the Mandal Revenue Officer, Guntur west fabricated and factious certificate created by the was parties of the above said documents for the purpose of registration. In view of the above allegations made by the complainant, a letter was addressed to the Tahsildar, Guntur West on 24-02-2025 whether the Family member and Family Tree Certificates are genuine or not. The / Tahsildar, Guntur West vide RC.No.113/2025-B Dt. 28-02- 2025 furnished a report stating that after due enquiry it was letter was scrutiny confirmed that no such certificates were issued by the Tahsildar office to the parties. revealed that the family tree certificate attached to the not issued by his office and in addition further and verification with his office records it is Basing on the factious certificate the parties presented above 7 documents before Sub Registrar, Koritepadu the and got registered the same by filing false statements deliberately and brought into existence the fabricated documents. It is submitted that all the above said persons conspired together mischievously and collusively brought fabricated documents with false into existence the declaration and by enclosing false certificates which is punishable under section 82 and 83 of Registration Act- 1908. Therefore, he requested to issue sanction orders for filling the prosecution against the above said persons. section 82 of the He further submits that as per 4. the subject sale deeds were Registration Act, 1908 once executed by way of fraud or fabrication, the respondents can direct and deal with the subject sale deeds as per section 82 of the Registration Act, 1908 Therefore in compliance of Section 82 of the Registration Act. 1908 the present notice was issued for which the petitioner submitted an explanation nd to the 2 5 V respondent, the 2'^'^ respondent will consider the explanation and pass appropriate orders in accordance with law. He further submits that the respondents are not insisting for surrender of any title deeds by the petitioner. Heard learned counsel for the petitioner and learned 5. counsel for the respondents. On perusal of the section 82 of the Registration Act, 1908 6. which is extracted hereunder. Penalty for making false statements, delivering false copies or translations, false personation, and abetment. - Whoever(a)intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or inquiry under this Act; or (b)intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or (c)falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or (d)abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. 6 f 7. Upon perusal of Section 82 of the Registration Act, 1908 it is evident that the authorities are empowered to issue notice, call for submissions, and take action with regard to fraudulent or fabricated sale deeds, including the imposition of penalties and initiating prosecution for offences under the Act. In view of the powers conferred under Section 82, the 3''^ respondent issued the impugned notice, which is now under challenge. rd Accordingly, this petition is disposed of, directing the 3 respondent to consider the explanation submitted by the petitioner in response to the said notice and pass appropriate orders strictly in accordance with Section 82 of the Registration Act, 1908 within a period of two months from the date of receipt of a copy of this order. It is needless to observe the respondent shall not permit to either cancel the sale deeds or to direct the petitioner to surrender the sale deeds which is contrary to the section 82 of the Registration Act, 1908. As a sequel thereto, miscellaneous petitions pending, if Sd/- assistant registrar any, shall stands closed. //TRUE COPY// j SECTION OFFICER To, 1. The Principal Secretary to the Government, Revenue Department (Stamps and Registration), Guntur District. 2. The District Registrar, Guntur District at Guntur. Secretariat, Velagapudi, Amaravati 3. The SubRegistrar, Koritepadu Mandal, Guntur District. 4. One CC to Sri. Nimmagadda Revathi Advocate [OPUC] 5. Two CCS to GP For Registration And Stamps, High Court of Andhra Pradesh [OUT] 6. THREE CD Copies. AL HIGH COURT DATED:24/06/2025 ORDER WP NO. 14904 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS