APHC010329232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16410 OF 2025 Between: 1. Mynampati Venkata ram ana Mani Kumar, S/o late Subbarao, aged about 47 years, R/o D.No.42-2/1-148, 1st lane, Devinagar, Vijayawada 2. Chundi Purushotham Reddy, S/o late Ramireddy, aged about 53 years, R/o Chandrareddipalem village, Kaligiri Mandal, SPSR Nellore District ...Petitioners AND 1. The State of AP, rep. by its Principal Secretary. Dept of registration and stamps. Secretariat, Velagapudi, Amaravati. 2. Inspector General, Department of Stamps and registration, Govt of AP, Tadepalli, Guntur Dist. 3. The District Registrar, Registration and Stamps Department, Guntur 4. The Joint Sub-Registrar, Office of SRO, Thulluru, Guntur District, 5. The Circle Inspector of Police, Thulluru PS, Guntur,District 6. Smt Machavarapu Kasamma, W/o Venkateswarlu, aged about 78 years, R/o D.No.4-64, paritala village, Kanchikacherla Mandal, NTR District 7. Machavarapu Srinivasa Prasad, S/o Venkateswarlu, aged about 57 years, R/o D.No.4-64, paritala village, Kanchikacherla Mandal, NTR District 8. Smt Gullapalli Sita Prasanna Lakshmi, W/o G.Subbarao aged about 55 years, R/o D.No.4-64, paritala village, Kanchikacherla Mandal, NTR District 9. Machavarapu Ramagopala Rao, S/o Venkateswarlu, aged about 52 years, R/o D.No.4-64, paritala village, Kanchikacherla Mandal, NTR District 10. Smt Chittineni Nagasulochana Rani, W/o Balaramamurthy aged about 49 years, Ibrahimpatnam village and Mandal, NTR District 11. Smt Challa Machala, W/o Suresh, aged 46 years, R/o at D.No.1-21, Jupudi village, Keelesapuram, NTR Dist ...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 in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent no. 4 in unilaterally cancellation of the petitioners sale deeds bearing document NO's 2069/2020 and 2071/2020 dated. 12-03-2020 and 12- 03-2020 before the Joint Sub-registrar, Mangalagiri vide cancellation deeds bearing document Nos 1452/2025 dt. 10-04-2025 and Document No. 1607/2025 dt 28-04-2025 before the Joint Sub-Registrar, Thulluru on in the presence of the 5th respondent police by way of threat and coercion in favour of the unofficial respondents 6 to 11 herein in respect of the lands in an extent of Ac.2-00 cents and Ac.0-50 cents Sy. No.19/B situated at Rayapudi village accounts, Thulluru Mandal, Guntur District, despite the petitioners vendor Smt. Nuthakki Mahalakshmi W/o Prasada Rao who was the original owner of the subject land died on 04-05-2021 as wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected their rights guaranteed under article 14, 19(1)(g), 21 and 300 (A) of the Constitution of India and consequently, to declare that the impugned cancellation deeds vide document No's 1452/2025 dt. 10-04-2025 and ft Document No. 1607/2025 dt.28-04-2025 before the Joint Sub-Registrar, Thulluru in favour of the unofficial respondents as illegal, arbitrary and without jurisdiction. 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 direct the official respondents herein not to entertain any transactions if any based on the cancellation deeds bearing document NO. 1452/2025 dt. 10-04-2025 and Document No. 1607/2025 dt.28 -04-2025 before the Joint Sub-Registrar, Thulluru through the unofficial respondents 6 to 11 or their agents to any third parties in respect of the lands in an extent of Ac.2-00 cents and Ac.0-50 cents in part and parcel Sy.No.19-B of Rayapudi village accounts, Thulluru Mandal, Guntur District pending disposal of the writ petition. further sale Counsel for the Petitioners: SRI V ESWARAIAH CHOWDARY Counsel for the Respondent Nos. 1 to 5: GP FOR REGISTRATION AND STAMPS Counsel for the Respondent Nos. 6 to 11: —- The Court made the following order: APHC010329232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16410/2025 Between: 1.MYNAMPATI VENKATARAMANA MANI KUMAR, S/0 LATE SUBBARAO, AGED ABOUT 47 YEARS, R/0 D.NO.42-2/1-148, 1ST LANE, DEVINAGAR, VIJAYAWADA 2.CHUNDI PURUSHOTHAM REDDY, S/0 LATE RAMIREDDY, AGED ABOUT 53 YEARS, R/0 CHANDRAREDDIPALEM VILLAGE. KALIGIRI MANDAL, SPSR NELLORE DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP,BY ITS PRINCIPAL SECRETARY. DEPT OF REGISTRATION AND STAMPS, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. INSPECTOR GENERAL, DEPARTMENT OF STAMPS AND REGISTRATION, GOVT OF AP, TADEPALLI, GUNTUR DIST. 3. THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, GUNTUR 4. THE JOINT SUBREGISTRAR, OFFICE OF SRO, THULLURU, GUNTURDISTRICT, 5. THE CIRCLE INSPECTOR OF POLICE, THULLURU PS, GUNTUR,DISTRICT 6. SMT MACHAVARAPU KASAMMA, W/0 VENKATESWARLU, AGED ABOUT 78 YEARS, R/O D.NO.4-64, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT 7. MACHAVARAPU , SRINIVASA PRASAD, S/O VENKATESWARLU, AGED ABOUT 57 YEARS, R/O D.NO.4-64, PARITALA VILLAGE, 2 NV,J W.P.No.16410 of 2025 KANCHIKACHERLA MANDAL, NTR DISTRICT 8. SMT GULLAPALLI SITA PRASANNA LAKSHMI, W/0 G.SUBBARAO AGED ABOUT 55 YEARS, R/0 D.NO.4-64, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT 9. MACHAVARAPU RAMAGOPALA RAO, S/0 VENKATESWARLU, AGED ABOUT 52 YEARS, R/0 D.NO.4-64, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT 10. SMT CHITTINENI NAGASULOCHANA RANI, W/0 BALARAMAMURTHY AGED ABOUT 49 YEARS, IBRAHIMPATNAM VILLAGE AND MANDAL, N T R DISTRICT 11.SMT CHALLA MACHALA, W/0 SURESH, AGED 46 YEARS, R/0 AT D.NO.1-21, JUPUDI VILLAGE, KEELESAPURAM, NTR DIST ...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 topleased to direct the official respondents herein not to entertain any further sale transactions if any based on the cancellation deeds bearing document NO. 1452/2025 dt. 1452/2025 dt. 10-04-2025 and Document No. 1607/2025 dt.29-04-2025 before the Joint Sub-Registrar, Thulluru through the unofficial respondents 6 to 11 or their agents to any third parties in respect of the lands in an extent of Ac.2-00 cents and Ac.0-50 cents in part and parcel Sy.No.19-B of Rayapudi village accounts, Thulluru Mandal, Guntur District pending disposal of the writ petition and and pass 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 Pleased to direct the official respondents herein not to entertain any further sale transactions if any based on the cancellation deeds bearing document NO. 1452/2025 dt. 10-04-2025 and Document No. 1607/2025 dt.29-04- 2025 before the Joint Sub-Registrar, Thulluru through the unofficial respondents 6 to 11 or their agents to any third parties in respect of the lands in an extent of Ac.2-00 cents and Ac.0-50 cents in part and parcel Sy.No.19-Bof Rayapudi village accounts, Thulluru Mandal, Guntur District pending disposal of the writ petition and and pass 3 NV,J W.P.No.l6410of 2025 Counsel for the Petitioner(S): 1.V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: 4 NV,J W.P.No.16410 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16410/2025 O R D E R: This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: 1. “To issue writ of mandamus to direct the official respondents herein not to entertain any further sale transactions if any based on the cancellation deeds bearing document Nos. 1452/2025 dated 10-04-2025 and Document No. 1607/2025 dt.29-04-2025 before the Joint Sub-Registrar, Thulluru through the unofficial respondents 6 to 11 or their agents to any third parties in respect of the lands in an extent of Ac.2-00 cents and Ac.0-50 cents in part and parcel Sy.No.19-B of Rayapudi village accounts, Thulluru Mandal, Guntur District” 2. The brief facts of the case are that, one Nutakki Mahalakshmi inherited total land of an extent of Ac.8-59 cents in Sy.No.19-B situated in Rayapudi Village accounts from his father Bandlamudi Ramaswamy. Out of the total extent of land, the petitioners purchased an extent of Ac.2-00 cents and Ac.0-50 cents under registered sale deeds vide Documents bearing No.2069/2020 dated 12.03.2020 and 2071/2020 dated 12.03.2020 respectively. It is alleged that the unofficial respondents with connivance with the local MLA and 5*^ respondent, exerted threat and coercion upon the s 5 NV,J W,P.No.l6410 of 2025 petitioners and executed the cancellation of sale deeds document Nos. 1452/2025 dated 10-04-2025 and Document No. 1607/2025 dt.29-04- 2025 in favour of the unofficial respondents/Respondent Nos.6 to 11 10.04.2025 and 29.04.2025, in the absence of the petitioners’ vendor i.e. Nuthakki Mahalakshmi, who expired on 04.05.2021 with a view to grab the property. The action of the 4^^ respondent/Joint Sub-Registrar, Tulluru, in unilaterally cancelling the petitioners sale deeds bearing Document Nos.2069/2020 and 2071/2020 dated 12.03.2020 and 12.03.2020 before the Joint Sub-Registrar, Mangalagiri vide Cancellation Deeds bearing Document Nos.1452/2025 dated 10.04.2025 and Document No.1607/2025 dated 28.04.2025 is challenged in the present writ petition. on During hearing, Sri V. Eswaraiah Chowdary, learned counsel for the petitioner submits that, the cancellation deeds which were obtained by threat and coercion are not valid, since the unofficial respondents are not the legal heirs of the original vendor. It is also submitted that the 4‘^ respondent has jurisdiction to entertain the cancellation of sale deed when it is executed by way of threat and coercion at the instance of the 5‘^ respondent in favour of the unofficial respondents, who are strangers to the dispute, as such, the high handed action of the 4*'' respondent in unilaterally cancelling the sale deeds illegal and arbitrary. 3. no as 6 NV,J W.P.No.16410 of 2025 Learned Government Pleader for Stamps and Registration submits that, 4. the Sub-Registrar does not have the authority to determine the title of the property and any document already registered can be cancelled only by obtaining a decree from the competent Civil Court of law or by way of mutual consent of the parties to the said document, but not otherwise and requested to pass appropriate orders. Heard learned counsel for the petitioner, learned Government Pleader 5. for Stamps and Registration and perused the material available on record. Undoubtedly, the Sub-Registrar does not have the authority to 6. determine title of the property is proper and valid and in accordance with law. The Revenue Court does not have any jurisdiction to decide the title dispute between the parties. But a Civil Court is alone competent to settle the dispute and also empowered to cancel the registrations if found, the same are not valid. Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules reads as under: 7. "26(i) [(k)(i) The registering officer shall ensure at the time of presentation for registration of cancellation deeds of previously registered deed of conveyances on sale before him that such cancellation deeds are executed by all the executant and claimant parties to the previously registered conveyance on sale and that such cancellation deed is accompanied by a declaration showing 7 NV,J W.P.No.16410 of 2025 mutual consent or orders of a competent Civil or High Court or State or Central Government annulling the transaction contained in the previously registered deed of conveyance on sale;] Provided that the registering officer shall dispense with the execution of cancellation deeds by executant and claimant parties to the previously registered deeds of conveyances on sale before him if the cancellation deed is executed by a Civil Judge or a Government Officer competent to execute Government orders declaring the properties contained in the previously registered conveyance on sale to be Government or Assigned or Endowment lands or properties not registerable by any provision of law. (ii) Save in the manner provided for above no cancellation deed of a previously registered deed of conveyance on sale before him shall be accepted for presentation for registration." As per Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules, the Registering authority is debarred from receiving, processing and registering the cancellation deed contemplating to cancel the earlier registered document, unless all the executants of the earlier registered document present that document accompanied by mutual consent of the parties. 8. 9. In the present case, when the vendor of the petitioners i.e. Nutakki Mahalakshmi has died (vide death certificate 04.05.2021), the respondent ought not to have entertained the cancellation deeds. Since there is a dispute with regard to the title and possession over the subject land of this writ petition, the petitioners and the unofficial respondents/parties concerned are r- 8 NV,J W.P.No.16410 of 2025 directed to approach the competent civil court in order to establish their title and possession over the subject property and resolve their disputes once for all. 10. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. 11. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- SHAIK MOHD. RAFi assistant REGlSTi^R //TRUE COPYA SECTION OFFICER To, The Principal Secretary, Dept of registration and stamps. Secretariat, Velagapudi, Amaravati. Inspector General, Department of Stamps and registration, Govt of AP, Tadepalli, Guntur Dist. The District Registrar, Registration and Stamps Department, Guntur The Joint Sub-Registrar, Office of SRO, Thulluru, Guntur District, The Circle Inspector of Police, Thulluru PS, Guntur,District One CC to Sri V Eswaraiah Chowdary Advocate [OPUC] Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. 8. TF at HIGH COURT DATED:03/07/2025 ORDER WP NO. 16410 OF 2025 ^0.= A»Drt^ x» . 'V 19 JUL 2025 r ar C» ^ . Current Section . DISPOSING OF THE W.P., WITHOUT COSTS