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2025 DAILYLAW 36132 (AP)

GOPISETTI SURESH KUMAR v. THE STATE OF AP

WP/30670/2024 · 2025-08-18

Tarlada Rajasekhar Rao

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010587602024 IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO- 30670 OF 2024 THE HONOURABLE Between: Gopisetti Suresh Kumar, S/o Late G. Appala Naidu. Aged about 44 No.204, MBR Landmark Apartment, Gajuwaka 1. R/o D.No.32-6-1/13/4, Flat Natayyapalem Village years Sheela Nagar Visakhapatnam, Andhra Pradesh. Mandal ,, S/o G. Appala Naidu, Aged about 48 Natayyapalem Village, Gajuwaka Mandal, 2. Gopisetti Venkata Krishna Rao R/o D. No.32-3-35, I years. Visakhapatnam, Andhra Pradesh. Gopisetti Suresh Kumar, Aged about 42 years 3 Gopisetti Sailaja, W/o R/o D.No.32-6-1/13/4, Flat No.204, MBR Landmark Apartment, Sheela Natayyapalem Village, Gajuwaka Mandal, Visakhapatnam Nagar, Andhra Pradesh. ...PETITIONERS AND Rep. by its PrI. Secretary to Govt., A.P Secretariat, 1. The State of Andhra Pradesh, (Stamps and Registration) Department, Revenue Amaravati, Guntur District. 2. The District Registrar, Visakhapatnam 3. The Joint Sub-Registrar 4. The Joint Sub-Registrar, Gajuwaka, Visakhapatnam District K. Kotapadu, Visakhapatnam District. 5. Smt. Gopisetti Nagamani, W/o G. Appala Naidu R/o D.No.32-3-35, Visakhapatnam, Andhra Pradesh. Aged about 69 years, Natayyapalem Village. Gajuwaka Mandal, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a Writ of Mandamus the High Court may be any other appropriate writ, order or or direction, declaring the action of Respondent No.3 in registering the unilaterally revoking the Cancellation Deed No.5096/2024 dated 13.12.2024 Gift Settlement Deed No. 1466/2020 dated 02.06.2020 as being illegal. arbitrary, in violation of principles of natural justice Rule and further in violation of 26 (i)(k)(0 of the Andhra Pradesh Rules under the Registration and contrary to the ratio laid down by the Honble Act, 1908 Supreme Court in Thota Ganga Lakshmi vs Government of Andhra Pradesh, see 207 and Consequently set aside the Cancellation dated 13.12.2024 registered on the file of Respondent reported in 2010 (15) Deed No.5096/2024 No.3. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court suspend the operation of Cancellation Deed may be pleased to No.5096/2024 on the file of unilaterally revoking the Gift Settlement Respondent No.3 dated 13.12.2024 Deed No. 1466/2020 dated 02.06.2020. lA NO: 2 OF 2024 Petition under Section 151 CPC j the affidavit filed in support of the petition praying that in the circumstances stated , the High Court may be pleased to in direct the Respondent Nos.3 and 4 no. to receive or register any docuntents presented for registration by the Respondent No.5 pertaining to subject property admeasuring an extent of 3544.87 Sq.Yards of Tungalam Viliage, Gajuwaka Mandai, Visakhapatnam situated in Sy.No. 105/2 District. Counsel for the Petitioners; SRI AJAY KUMAR KANAPARTHI Counsel for the Respondent Nos.1 to 4: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No,5: -- The Court made the following order: APHC010587602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3Q67n/?n94 Between; 1.GOPISETTI SURESH KUMAR, S/0 LATE G. APPALA NAIDU AGED ABOUT 44 YEARS, R/0 D.NO.32-6-1/13/4 FLAT NO.204, MBR LANDMARK APARTMENT, SHEELA NAGAR NATAYYAPALEM VILLAGE, GAJUWAKA MANDAL VISAKHAPATNAM, ANDHRA PRADESH. 2.GOPISETTI VENKATA KRISHNA RAO, S/0 G. APPALA NAIDU AGED ABOUT 48 YEARS, R/0 D. NO.32-3-35 NATAYYAPALEM VILLAGE, GAJUWAKA MANDAl’ VISAKHAPATNAM, ANDHRA PRADESH. 3.GOPISETTI SAILAJA, W/0 GOPISETTI SURESH KUMAR AGED ABOUT 42 YEARS, R/0 D.NO.32-6-1/13/4 FLAT NO.204, MBR LANDMARK APARTMENT, SHEELA NAGAR VILLAGE, GAJUWAKA MANDAl’ NATAYYAPALEM VISAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY TO GOVT., REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, A.P SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT REGISTRAR, VISAKHAPATNAM 3.THE JOINT SUBREGISTRAR VISAKHAPATNAM DISTRICT. 4.THE JOINT SUBREGISTRAR, GAJUWAKA, VISAKHAPATNAM DISTRICT 5.SMT GOPISETTI NAGAMANI, W/0 G. APPALA NAIDU AGED ABOUT 69 YEARS, R/0 D.NO.32-3-35, NATAYYAPALEM VILLAGE, GAJUWAKA MANDAL, VISAKHAPATNAM, ANDHRA PRADESH. K. KOTAPADU ^ . ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY TO GOVT., REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, A.P SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT REGISTRAR, VISAKHAPATNAM 3.THE JOINT SUBREGISTRAR VISAKHAPATNAM DISTRICT. 4.THE JOINT SUBREGISTRAR, GAJUWAKA, VISAKHAPATNAM DISTRICT 5.SMT GOPISETTI NAGAMANI, W/0 G. APPALA NAIDU AGED ABOUT 69 YEARS, R/0 D.NO.32-3-35, NATAYYAPALEM VILLAGE, GAJUWAKA MANDAL, VISAKHAPATNAM, ANDHRA PRADESH. K. KOTAPADU ^ . ...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 tomay be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of Respondent No.3 in registering the Cancellation Deed No.5096/2024 2 unilaterally revoking the Gift Settlement Deed No. 1466/2020 dated 02,06.2020 as being illegal, arbitrary, in violation of principles of natural justice and further in violation of Rule 26 (i)(k)(i) of the Andhra Pradesh Rules under the Registration Act, 1908 and contrary to the ratio laid down by the Honble Supreme Court in Thota Ganga Lakshmi vs Government of Andhra Pradesh, reported in 2010 (15) see 207 and Consequently set aside the Cancellation Deed No.5096/2024 dated 13.12.2024 registered on the file of Respondent No.3 and pass lA NO: 1 OF 2024 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 may be pleased to suspend the operation of Cancellation Deed No.5096/2024 on the file of Respondent No.3 dated 13.12.2024 unilaterally revoking the Gift Settlement Deed No. 1466/2020 dated 02.06.2020 and pass lA NO: 2 OF 2024 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 may be pleased to direct the Respondent Nos.3 and 4 not to receive or register any documents presented for registration by the Respondent No.5 pertaining to subject property admeasuring an extent of 3544.87 Sq.Yards situated in Sy.No. 105/2 of Tungalam Village, Gajuwaka Mandal, Visakhapatnam District and pass Counsel for the Petltioner(S): 1.AJAY KUMAR KANAPARTHI Counsel for the Respondent{S): 1.GP FOR REGISTRATION AND STAMPS THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30670 of 2024 ORDER:- Sri B.Pavan, learned counsel, appearing on behalf of learned counsel for petitioners, sought permission of this Court for withdrawal of the writ petition. Learned counsel endorsed the same on the bundle. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any. shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR / //TRUE COPY// FICER S To, 1. One CC to Sri Ajay Kumar Kanaparthi, Advocate [OPUC] GP for Stamps and Registration, High Court of Andhra 2. Two CCs to Pradesh [OUT] 3. Two CD Copies. ssb HIGH COURT DATED;19/08/2025 ORDER WP No.30670 OF 2024 DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS