APHC010171022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 8921/2024 Between: 1. DAGGUMATI SREEDHAR RAO, SON OF MOHAN RAO, AGE ABOUT 48 YEARS, RESIDENT OF DOOR NO.27-2-766 STREET, A.C.NAGAR, NELLORE CITY, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE DIRECTOR GENERAL OF POLICE, ANTI CORRUPTION BUREAU, ACB HEAD QUARTERS, KRISHNA LANKA, VIJAYAWADA CITY, AP 3. THE ADDITIONAL DIRECTOR, ANTI CORRUPTION BUREAU ANDHRA REGION, JAIN TEMPLE ROAD, GOLLAPUDI, VIJAWADA CITY, AP. 4. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE CITY 5. THE REVENUE DIVISIONAL OFFICER, NELLORE CITY, SPSR NELLORE DISTRICT 6. THE TAHSILDAR, NELLORE TOWN MANDAL, NELLORE CITY, SPSR NELLORE DISTRICT. 7. THE DISTRICT REGISTRAR REGISTRATION DEPARTMENT, SPSR NELLORE DISTRICT, NELLORE CITY. 8. MR THIRUMALESWAR REDDY, SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT, NELLORE CITY. 9. THE MUNICIPAL CORPORATION OF NELLORE CITY, REP. BY ITS COMMISSIONER, NELLORE CITY, SPSR NELLORE DISTRICT. 10. THE DY SUPERINTENDENT OF POLICE, ANTI CORRUPTION BUREAU, DOOR NO.24-1-897, ARUNDATIPALEM, MULAPAETA, NELLORE CITY-524003. 11. THE SUBREGISTRAR, SUB-REGISTRAR OFFICE, 2 STONEHOUSEPET, NELLORE CITY, SPSR NELLORE DISTRICT. 12. THE SUB REGISTRAR, (DISTRICT REGISTRAR CADRE), 9, KAVIGNAR BHARATHIDASAN ROAD, SEETAMMAL COLONY, MIG COLONY, ALWARPET, CHENNAI, TAMIL NADU 600018, MYLAPORE, CHENNAI CITY. 13. MR A MOHAMMAD SADHIQUE, SUB REGISTRAR (DR CADRE) 9, KAVIGNAR BHARATHIDASAN ROAD, SEETAMMAL MIG COLONY, ALWARPET, TAMIL NADU 600018, COLONY, CHENNAI, MYLAPORE, CHENNAI CITY. 14. THE INSPECTOR OF POLICE, BALAJI NAGAR PS, NELLORE CITY, SPSR NELLORE DISTRICT. 15. K SATYA SUDHA DEVIREDDY VAIYUSATHA DEVIREDDY VASITHAMMA, WIFE OF K.SUDHAKAR REDDY, AGED ABOUT 68 YEARS, FLAT NO.303, SAKSHI SAI APARTMENT, RAMAMURTHYNAGAR, NELLORE CITY, 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the unilateral cancellation of my registered sale deeds as described in the Encumbrance Certificates viz.. Registered Document Nos.2139 to 2142 of 2023 (came to know only on 09.03.2024) without any notice to the petitioner nor called for an explanation by not truly following the Principles of natural justice without any jurisdiction by the registering authority on an alleged/fake letter as issued by the 12th respondent in his official capacity and 13th respondent in his personal capacity (now retired) vide Letter No.212/2023 dated 05.06.2023 addressed to the 14th respondent in order to help the 15th respondent herein with the aid and assistance of 8th respondent Superintendent of Police is absolutely illegal, arbitrary, unconstitutional depriving the rights as guaranteed under Article 300A of the Constitution of India and contrary to the settled as law laid down in Satyapal Anand vs State of Madhya Pradesh (2016) 10 see 767 and (b) and further direct the 2nd respondent herein or any authorized person on behalf of the 2nd respondent to verify the authenticity of the Special Power of Attorney as issued vide Document No.19/IV/2023 dated 14.03.2023 by the 12th respondent herein and as ratified by the 7th respondent District Registrar/Nellore by conducting investigation against the Letter No.212/2023 dated 05.06.2023 as created by the 12th respondent now 13th respondent just before his retirement and addressed to the 14th respondent vide Letter 3 No.212/2023 dated 05.06.2023 in order to unearth the fraud as played by the 8th respondent and the 13th to 15th respondents and further direct the 2nd respondent herein to take departmental action fraud against the Government on the errant officers, who played on the foot of the preliminary enquiry report against the alleged fake document vide Letter No.212/2023 dated 05.06.2023 and (d) and further direct the 7th and 11th respondents herein to restore the said documents Nos,2139 to 2142 of 2023 and Document 3501/2023, 3502/2023, 3503/2023, 3504/2023 and 3837/2023 on the files of the revenue records or direct the 7th respondent since the registering authority do not have sweeping powers to cancel the registered documents and to pass IA 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 to direct the 7th respondent herein to direct the 2nd, 3rd and 10th respondents herein to conduct a preliminary enquiry/investigation in connection FIR.No.94 of 2023 of 14th respondent and also on the fake letter vide Letter No.212/2023 dated 05.06.2023 as created by 13th and 14th respondents to help the 15th respondent herein contrary to the original Special Power of Attorney as executed by the vendor of the petitioner through vide Document No.19/IV/ 2023 dated 14.03.2023 as executed by 12th respondent in his official capacity and ratified by the 7th respondent on 25.03.2023 at Nellore and place before this Hon’ble Court in order to decide the main issue, pending disposal of the above said writ petition and pass IA 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 to direct the 7th respondent herein to stop all further transactions in connection with the documents vide Document Nos.2139 to 2142 of 2023 of registered documents, Documents vide 3501/2023, 3502/2023, 3503/2023, 3504/2023 and 3837/2023 situated in Nellore Bit-II, in Old Sy.No.869 and new Town Sy.No. 809/A, nearest Door No.27/2/1760, Near Jagdeesh Nagar, Children Park Road, Nellore City as cancelled by the registering authority and Document No.307 of 1973 situated in Sy.No.808, Nellore Bit-II of the 15th respondent, pending disposal of the above said writ petition and pass IA NO: 3 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 to 4 produce the CCTV footage between 21.05.2023 6PM to 23.05.2023 11PM of V Town Police Station of Vedayapalem pending disposal of the above said writ petition and pass IA NO: 4 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 to implead the proposed petitioners namely Ogirala Gopla Krishna and Vasthu Anjani Lakshmi Raghu Kumari pertains to Document No.3690 of 2024 and Pusala Srinivasulu and Pusala Aurna pertains to Document No.3691 of 2024 as Respondents Nos. 16 to 19 as party respondents for further prosecution of the matter, pending disposal of the above said writ petition and pass 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 to vacate the interim order dt.16/05/2024 passed earlier by this Hon’ble Court and dismiss the present Writ Petition No.8921 of 2024 and the interlocutory applications therein with exemplary costs and further initiate appropriate prosecution for the offences of perjury, using false and fabricated documents as genuine to mislead this Hon’ble Court thereby attempted to get wrongful gain and pass IA NO: 2 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 vacate the Interim order dated: 26.09.2024 passed in W.P.No. 8921 of 2024 and pass Counsel for the Petitioner: 1. V SURENDRA REDDY Counsel for the Respondent(S): 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 2. RAM BABU DEVAVARAPU 3. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: 5 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the unilateral cancellation of my registered sale deeds as described in the Encumbrance Certificates viz.. Registered Document Nos.2139 to 2142 of 2023 (came to know only on 09.03.2024) without any notice to the petitioner nor called for an explanation by not truly following the Principles of natural justice without any jurisdiction by the registering authority on an alleged/fake letter as issued by the 12th respondent in his official capacity and 13th respondent in his personal capacity (now retired) vide Letter No.212/2023 dated 05.06.2023 addressed to the 14th respondent in order to help the 15th respondent herein with the aid and assistance of 8th respondent Superintendent of Police is absolutely illegal, arbitrary, unconstitutional depriving the rights as guaranteed under Article 300A of the Constitution of India and contrary to the settled as law laid down in Satyapal Anand vs State of Madhya Pradesh (2016) 10 see 767 and (b) and further direct the 2nd respondent herein or any authorized person on behalf of the 2nd respondent to verify the authenticity of the Special Power of Attorney as issued vide Document No.19/IV/2023 dated 14.03.2023 by the 12th respondent herein and as ratified by the 7th respondent District Registrar/Nellore by conducting investigation against the Letter No.212/2023 dated 05.06.2023 as created by the 12th respondent now 13th respondent just before his retirement and addressed to the 14th respondent vide Letter No.212/2023 dated 05.06.2023 in order to unearth the fraud as played by the 8th respondent and the 13th to 15th respondents and further direct the 2nd respondent herein to take departmental action fraud against the Government on the errant officers, who played on the foot of the preliminary enquiry report against the alleged fake document vide Letter No.212/2023 dated 05.06.2023 and (d) and further direct the 7th and 11th respondents herein to restore the said documents Nos,2139 to 2142 of 2023 and Document 3501/2023, 3502/2023, 3503/2023, 3504/2023 and 3837/2023 on the files of the revenue records or direct the 7th respondent since the registering authority do not have sweeping powers to cancel the registered documents and to pass….” 6 2. Heard Sri V.Surendra Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. Considering the submissions on both sides and basing on the instructions placed by the learned Assistant Government Pleader, on 16.5.2024, this Court has passed the following interim order: “The learned Government Pleader for Stamps and Registration seeks time to file counter. 2. The learned counsel for the petitioner is permitted to take out personal notice to the respondent Nos.8, 13 and 15 by registered post with acknowledgement due and file proof of service in the Registry by the date of next adjournment. 3. The writ petition is filed seeking to declare the unilateral cancellation of the registered sale deeds document Nos.2139/2023, 2140/2023, 2141/2023 and 2142/2023 executed in favour of the petitioner as illegal and arbitrary. The other multiple reliefs were also sought for in the writ petition. 4. When the matter was listed on 19.4.2024, this Court directed the learned Assistant Government Pleader for Stamps and Registration to produce the proceedings DR.NLR No.G1/1907/2023, dated 03.8.2023. On 02.5.2024 the said proceedings was placed before this Court and a copy of the same was also handed over to the learned counsel for the petitioner. 5. The instructions of the Joint Sub-Registrar, S.R.O., Stonehousepet, Nellore City would disclose that the document Nos.2139 to 2142 of 2023 have not been cancelled. By virtue of the Circular Memo No.G1/817/2020, dated 28.10.2020 issued by the Commissioner and Inspector General, Registration and Stamps, Andhra Pradesh, Vijayawada, some endorsements were made in E.C. Since the documents were not cancelled as per the instructions, the Authorities concerned shall not cancel the document Nos.2139 to 2142 of 2023 on the file of the Sub-Registrar Office, Stonehousepet, Nellore City, till the date of next adjournment.” 7 4. After notice, respondents have placed an order dated 03.8.2023 passed by the District Registrar wherein the District Registrar has invoked the powers under Section 82 of the Indian Stamp Act and passed the order. 5. A perusal of the entire Writ Petition shows that the petitioner has not assailed the said orders and only consequential action has been assailed. As the order dated 03.8.2023 of the District Registrar which was issued under Section 82 of the Indian Stamp Act was not challenged, nothing survives in this Writ Petition. 6. Accordingly, the Writ Petition is closed giving liberty to the petitioner to challenge the said proceedings before appropriate forum. In view of the above, the interim order passed in this Writ Petition dated 16.5.2024 was modified. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 18.11.2025 RD 8 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.8921 OF 2024 18.11.2025 RD