1 APHC010484002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24682/2025 Between: 1. EDARA RANGA RAO, S/O. LINGAIAH, AGED 54 YEAR, OCC BUSINESS, R/O. FLAT NO.401, SAI NILAYAM APARTMENT, PAVITRA JR.COLLEGE, RAJEEV NAGAR, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH- 523002. 2. EDARA NIRMALA, W/O. E.RANGA RAO, AGED 53 YEARS, OCC HOUSEWIFE, R/O. FLAT NO.401, SAI NILAYAM APARTMENT, PAVITRA JR.COLLEGE, RAJEEV NAGAR, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH- 523002. 3. GADDAM SREENIVASA RAO,, S/O. VEERA RAGHAVALAH, AGED ABOUT 62 YEARS, OCC BUSINESS, R/O. BAPUJI NAGAR, 1ST LANE, NEAR VISWASANTHI TELUGU MEDIUM SCHOOL, KAVALI, SPS NELLORE DISTRICT, ANDHRA PRADESH-524 201. 4. GADDAM SABITHA, W/O. SREENIVASA RAO, AGED ABOUT 55 YEARS, OCC HOUSEWIFE , R/O. BAPUJI NAGAR, 1ST LANE, NEAR VISWASANTHI TELUGU MEDIUM SCHOOL, KAVALI, SPS NELLORE DISTRICT, ANDHRA PRADESH-524 201. 5. KOTA RAGHAVAIAH, S/O. SATYANARAYANA AGED ABOUT 2 76 YEAR, OCC AGRICULTURIST, R/O. BHEEMAVARAM VILLAGE, INKOLLU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 6. GORANTIA SATYANARAYANA, S/O. JANAKI RAMAIAH AGED ABOUT 65 YEARS, OCC AGRICULTURIST, R/O. BHEEMAVARAM VILLAGE, INKOLLU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 7. MANDAVA VENKATA RAO, S/O. ADINARAYANA, AGED ABOUT 65 YEARS, OCC BUSINESS, R/O.BALAJI REVENUE GOLONY, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 8. MADDALI VIJAYA KUMAR REDDY, S/O. NARAYANA REDDY AGED ABOUT 56 YEARS, OCC AGRICULTURIST, R/O. VENDODU VILLAGE, GUDUR MANDAL, TIRUPATHI DISTRICT, ANDHRA PRADESH. 9. MADDALI JANARDHAN REDDY,, S/O. SREENIVASULU REDDY, AGED ABOUT 61 YEARS, OCC AGRICULTURIST, R/O. VENDODU VILLAGE, GUDUR MANDAL, TIRUPATHI DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REGISTRATION AND STAMPS DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, AMARAVATI 2. THE COLLECTOR AND DISTRICT MAGISTRATE, SPSR NELLORE DISTRICT. 3. THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, SPSR NELLORE DISTRICT, NELLORE. 4. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. 5. THE SUBREGISTRAR, GUDUR, TIRUPATI DISTRICT. 3 6. THE REVENUE DIVISIONAL OFFICER, NELLORE, NELLORE DISTRICT 7. THE TAHASILDAR, MANUBOLU, SPSR NELLORE DISTRICT. ...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 to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the order dated 29.08.2025 passed by the 2nd respondent in cancelling registered sale deeds in purported exercise of power under Rule 26(k)(i) of the Rules framed under Registration Act, further directing 7th respondent to execute and register cancellation deeds before the 5th respondent as arbitrary, illegal, unjust, colorable exercise of power, without notice, non-application of mind to the facts of the case, contrary to the provisions of Registration Act and the Rules made thereunder, violative of The Fundamental Rights guaranteed under Articles 14, 19 and 21 apart from Article 300-A of the Constitution of India as well as the judgments of the Constitutional Courts and consequently set aside the order dated 29.08.2025 passed by the 2nd respondent Counsel for the Petitioner(S): 1. C V R RUDRA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.24682 of 2025 This Court made the following ORDER: Heard learned counsel for the petitioners, learned Government Pleader for Stamps and Registration for Respondent Nos.1 to 5, learned Government Pleader for Revenue representing Respondent Nos.6 & 7 and perused the material placed on record. 2. Learned counsel for the petitioners submits that without following and without considering Section-77-A of the Registration Act, 1908 (for short “Act, 1908”) the respondents straightaway proposed for cancellation of sale deed said to have been executed since 1970 till 2007, as such the impugned proceedings dated 29.08.2025 are contrary to due procedure as contemplated under Section 77-A of the Act, 1908 and also ratio laid down by this Hon’ble Court in W.P.No.37325/2014, dated 06.12.2024. Hence the writ petition. 3. Learned Government Pleader for respondents submits that the respondents will follow due procedure as contemplated under 5 Section 77-A of the Act, 1908 for cancellation of sale deeds in favour of the petitioners and their vendors. 4. Considering the submissions made by both the counsel, material placed on record and also ratio laid down by this Hon’ble Court in W.P.No.37325/2014 & batch, dated 06.12.2024 at paras- 14 and 15, the impugned proceedings dated 29.08.2025 passed by the Respondent No.2 is liable to be set aside. 5. Accordingly, the writ petition is allowed by setting aside the impugned proceedings dated 29.08.2025 passed by the 2nd respondent. It is needless to observe that the respondents are at liberty to proceed further in accordance with Section-77-A of the Act, 1908 and follow due procedure as contemplated. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dt:12.09.2025 krk 6 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.24682 of 2025 Dt:12.09.2025 krk 122