APHC010392122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19883/2025 Between: 1. B.GIRIDHAR LAL, S/O LATE BALAJI LAI, AGED ABOUT 54 YEARS,KAMATI STREET, KRISHNA MANDIR,CHINA BAZAR, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY.ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT BUILDINGS,VEIAGAPUDI,AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND INSPECTOR GENERAL STAMPS AND REGISTRATION DEPARTMENT, GOVT OF ANDHRA PRADESH,AMARAVATHI. 3. THE DISTRICT COLLECTOR, SPSR NELLORE, SPSR NELLORE DISTRICT. 4. THE DISTRICT REGISTRAR, SPSR NELLORE ,SPSR NELLORE DISTRICT. 5. THE JOINT SUB REGISTRAR, SPSR NELLORE, SPSR NELLORE DISTRICT. 6. BOCHU CHENNAIAH, S/O VENKATAIAH, AGE NOT KNOWN TO THE PETITIONER, R/O GUNDLAPALEM VILLAGE, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT. 7. ALURU ANURADHA, W/O RAGHUNADHA REDDY, AGE NOT KNOWN TO THE PETITIONER, R/O.23/1219,SODHAN NAGAR, NELLORE TOWN,SPSR NELLORE DISTRICT. ...RESPONDENTS 2 ...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 issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the Respondents in not considering the petitioner representation dt.29.05.2025 for Cancellation of the Sale Deed vide.Document.No.6825/1998 dt.21.10.1998 executed by the 6th respondent infavour of the 7th respondent for an extent of Ac.0.71 cents in Sy.No.234/3 situated at Gundlapalem Village, Nellore Rural Mandal, SPSR Nellore District as being, arbitrary, illegal,violating Article 14 and 21 of the Constitution of India, and consequently Direct the respondents to canel the Saledeed executed by the 5th respondent in favour of the 6th respondent IA 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 respondents to consider the petitioner representation dt.29.05.2025 for Cancellation of the Sale Deed, pending disposal of the above writ petition Counsel for the Petitioner: 1. VALLEPU JAGADEESH Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: ::ORDER:: Heard Sri V.Jagadeesh, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 5. 2. Notice in respect of respondent Nos.6 and 7 is dispensed with since no adverse order is passed affecting their right of interest. 3. Learned counsel for the petitioner would submit that the petitioner made a representation dated 29.05.2025 to the respondent No.2 to cancel Registered Document vide Document No.6825/1998, dated 21.10.1998 executed by respondent No.6 in favour of respondent No.7. Learned counsel 3 for the petitioner would further submit that the petitioner’s grandfather purchased Ac.01.17 cents in Sy.No.549/1 of Gundlapalem Sothriyam Village, Nellore Taluka, Nellore District, in a sale conducted in E.P.No.31 of 1931 in S.C.No.2175 of 1918. The sale was confirmed on 09.01.1933. The petitioner’s grandfather passed away in 1961. In a family partition in the year 1975, the aforementioned property fell to be a share of the petitioner’s father, Sri B.Giridhar Lal. Petitioner’s father died in the year 1981. Petitioner’s mother continued to look after the properties of the family. On verification of the Pattadar Pass Book, the petitioner came to know about the sale deed Document vide Document No.6825/1998, dated 21.10.1998, in respect of Ac.0.71 cents and later made a representation (Ex.P1). Learned counsel for the petitioner also pointed out earlier writ petitions. 4. Learned Assistant Government Pleader on instructions would submit that the respondent No.2 has no jurisdiction to cancel a Registered Document as per the provisions of the Registration Act, 1908, or the rules made thereunder. 5. On perusal of the averments in the affidavit and the representation (Ex.P1), dated 29.05.2025, the petitioner is requesting the respondent No.2 to cancel a Registered Document vide Document No.6825/1998, dated 21.10.1998, in respect of Ac.0.71 cents in Sy.No.234/3, Gundlapalem Village, Nellore Rural Mandal, SPSR Nellore District. 6. Rules were framed under Section 69 of the Andhra Pradesh Registration Rules, 1908. Rule 26(i)(k)(i) of the Rules, 1908, prescribes the procedure for registration of cancellation documents. 7. Case at hand, the petitioner made a representation requesting that respondent No.2 cancel the document. In the considered opinion of the Court, cancellation of the document without the consent of the parties is beyond the jurisdiction of respondent No.2 and contrary to the above rules. This Court do not find any merits. 4 8. Accordingly, the Writ Petition is dismissed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 31.07.2025 SCS 5 190 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19883/2025 Date: 31.07.2025 SCS