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2025 DAILYLAW 32594 (AP)

MAHADEV GOWTHAMI v. THE STATE OF ANDHRA PRADESH

WP/24829/2025 · 2025-09-14

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010482482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 24829 of 2025 Between: 1. MAHADEV GOWTHAMI, W/O MAHADEV RAKESH KUMAR, AGED ABOUT 32 YEARS, R/O FLAT NO. 108, 2ND FLOOR, DURGA TOWERS, FACOR LAYOUT, RAM NAGAR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT,SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, OFFICE OF COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, 5-59, R.K.SPRING VALLEY APARTMENTS, EDUPUGALLU, KANKIPADU MANDAL, VIJAYAWADA, ANDHRA PRADESH- 521 151 3. THE DISTRICT COLLECTOR, COLLECTORATE BUILDINGS, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE DISTRICT REGISTRAR, VUDA COMPLEX, SIRIPURAM, VISAKHAPATNAM, VISAKHAPATNAM, DISTRICT. 5. SMT PRATHIPATI SRAVANI, D/O LATE P.C.OBULA REDDY, AGED ABOUT 32 YEARS, R/O D.NO.3-213/1, NEHRU PETA, NEAR WATER TANK, NUZIVEEDU, KRISHNA DISTRICT-521 201. ...RESPONDENT(S): 2 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, to declare the inaction of Respondents in cancelling Registered Sale Deed vide bearing Doc.No. 1723 of 2024 dated 14.02.2024 on the file of Respondent No.4 over property admeasuring to an extent of 200 Sq. Yards in L.P.No.26/2004 in R.S.No.330/3 situated at Madhurawada Village, Visakhapatnam, Visakhapatnam District alleged to have been executed by the Respondent No.5 as per se illegal, high-handed, manifestly arbitrary and opposed to Registration Act, 1908 besides being in violation to Article 14, 21 and 300-A of the Constitution of India and consequently to cancel the same and/or to pass such other orders. Counsel for the Petitioner: 1. AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS The Court made the following: 3 ORDER: The present Writ Petition is filed seeking cancellation of the registered sale deed vide Doc.No.1723 of 2024 dated 14.02.2024 on the file of the respondent No.4-District Registrar over the property admeasuring to an extent of 200 Sq. yards in L.P.No.26/2004 in R.S.No.330/3, situated at Madhurawada Village, Visakhapatnam, on the ground that some third party has registered the document impersonating the respondent No.5. The said fact was brought to the notice of respondent No.4 through representation dated 02.08.2025 and sought for cancellation of the said registered document. 2. Learned counsel for the petitioner would submit that respondent No.4 is the competent authority to cancel the document in view of latest amendment notified on 09.07.2025, vide G.O.Ms.No.235, Revenue (Registration.I) for the amendment of Section 22C and Section 77A of the Registration Act, 1908. 3. Section 77A of the Registration Act deals with cancellation of registered documents in certain cases. As per Section 77A of the Act, the Registrar, either suo motto or on a complaint received from any petitioner, is of the opinion, that registration of a document is made in contravention of Section 22A or Section 22B or Section 22C, shall issue a notice to the executants and all the parties to the document and parties to subsequent documents, if any, and all other persons who in the opinion of the Registrar, may be affected by the cancellation of the document, to show cause as to why the registration of the document shall not be cancelled and on consideration of reply, if any received thereof, the Registrar may cause the material facts to be put up a 4 committee, headed by the District Collector as defined in the rules thereof, within a specific time frame, to cancel the registration of the document and cause to enter such cancellation in the relevant books and indexes. 4. Therefore, without going into the merits of the case, this Court is inclined to dispose of the Writ Petition with a direction to the respondent No.4-District Registrar to examine the representation dated 02.08.2025 and pass appropriate orders on the same in accordance with law, pursuant to the latest amendment of the Act by the State Government dated 09.07.2025, and communicate the decision to the writ petitioner, as expeditiously as possible. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 15.09.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24829 of 2025 Date: 15.09.2025 siva