APHC010467242024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 24948/2024 Between: 1. S AKHILA BIBI, D/O SYED MOHAMMAD BASHA, AGE ABOUT 24 YEARS, OCC- BUSINESS, R/O H.NO.26-181A, CHITTARI STREET, KURNOOL. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REGISTRATION AND STAMPS DEPARTMENT SECRETARIATE BUILDINGS VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT AT KURNOOL. 3. THE DEPUTY INSPECTOR GENERAL, OF STAMPS AND REGISTRATION, KURNOOL. 4. THE DISTRICT REGISTRAR, KURNOOL DISTRICT AT KURNOOL. 5. THE SUBREGISTRAR, KURNOOL SUB-REGISTRAR OFFICE AT KURNOOL, KURNOOL DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in cancelling the Regd. Settlement Deed No. 1968, dated 07-02-2023, unilaterally, through the proceedings No.Endt.No.Petition 722/2024 dated 02.04.2024, of the 5th respondent, in respect of the petitioners house site admeasuring 2550 sq. feet 283.33 sq. yards in Sy.No.35/5C1A1, new House bearing No.326/180 (old House bearing D.No.26/156, situated at Chittari Street, within the Municipal limits of Kurnool City, as illegal, arbitrary and violation of principles of natural justice and consequently set aside the proceedings No.Endt.No.Petition 722/2024 dated 02.04.2024, of the 5th respondent and direct the respondents to delete the entry that has been included in column provided for description of the properties in the statement of Encumbrances of the property and also removal of such noting, writing in any of the books of the registration kept by the Registering Authorities in the normal course of discharging of the business, and to pass…” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration appearing for the respondents. 3. In view of the compliance of the order of this Court dated 20.11.2025, respondent Nos.4 and 5 have appeared in person before this Court. Considering the same, the personal appearance of respondent Nos.4 and 5 is hereby dispensed with. 4. The writ petition is filed seeking a declaration that the action of the 5th respondent in unilaterally cancelling the registered Settlement Deed No.1968 dated 07.02.2023, through proceedings bearing Endt. No. Petition 722/2024 dated 02.04.2024, in respect of the petitioner’s house site admeasuring 2550 square yards in Sy. No.35/5C1A1, bearing New House No.326/180 and Door No.26/156, situated at Chittari Street within the municipal limits of Kurnool City, is illegal and arbitrary. Immediately thereafter, the petitioner submitted a representation dated 20.05.2024 to the District Registrar, Kurnool, requesting deletion of the entry made in the column provided for description of the property in the statement of encumbrances and for removal of such noting or endorsement from any of the registration records maintained by the registering authorities in the normal course of discharge of their official duties, in respect of the petitioner’s house site. 5. On the other hand, the learned Government Pleader has filed a counter affidavit on behalf of respondent Nos.4 and 5 wherein it is stated that:- “Smt. M. Zakia Askari and Sri Mohammed Uzair submitted a representation dated 19.10.2023 before the then District Registrar, Kurnool, alleging that Syed Mohammed Basha had executed a fraudulent settlement deed in favour of the petitioner in respect of House No.26/180, Chittari Street, Kurnool, without having any right or title. They relied on earlier documents, including a court auction sale dated 03.12.1974, a registered gift deed dated 28.10.1974, and a partition deed dated 02.02.2019, to contend that Syed Mohammed Basha had no lawful claim over the property. It is submitted that the then District Registrar conducted an enquiry by issuing notices on 31.10.2023 and recording statements on 09.11.2023, and also obtained an explanation from the then Joint Sub-Registrar, who clarified that the document was registered after verifying identities and that the Registration Rules do not empower the Sub-Registrar to adjudicate title disputes. Meanwhile, the petitioner had filed O.S.No.965 of 2023 and obtained an interim injunction on 31.08.2023. In view of the pendency of the civil suit, the District Registrar issued an endorsement dated 04.12.2023 advising the complainants to approach the competent Court and reported the same to the higher authorities. It is further submitted that the complainants again lodged complaints before various authorities, including through the Spandana portal. Upon examination, the Deputy Inspector General of Registration and Stamps, Kurnool, by Memo dated 25.01.2024, directed initiation of action as per Circular Memo dated 08.04.2015. Thereafter, being satisfied that a prima facie case under Section 82 of the Registration Act existed, the District Registrar sanctioned prosecution by proceedings dated 06.02.2024, pursuant to which FIR No.110 of 2024 dated 23.03.2024 was registered under Sections 120-B and 420 read with Section 34 IPC. It is also submitted that on a request to update prosecution details in the Encumbrance Certificate, the Sub-Registrar inadvertently entered the word “Cancellation” instead of “Prosecution,” which was a clerical error and not an order of cancellation. Subsequently, after verification of records, the said error was rectified and instructions were issued on 20.11.2025”. 6. Considering the submissions made by the learned counsel on either side and in view of the averments made in the counter affidavit, this Court is of the considered view that nothing survives for adjudication in the present writ petition. Accordingly, no further orders are required to be passed, and the writ petition is closed. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 04.12.2025 klk 329 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.24948 of 2024 04.12.2025 kkllkk