\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY .THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8376 OF 2025 Between: Vemuluri Abbulu, S/o. Veerraju, aged 33 years, R/o. Door No. 2-54, Dulla Village, Kadiyam Mandal, East Godavari District, Andhra Pradesh. ...Petitioner/s AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary at Velagapudi, Guntur (Revenue Department), Secretariat Buildings District, Andhra Pradesh. 2. The District Collector, East Godavari District, Rajamahendravaram East Godavari District, Andhra Pradesh. 3. The Tahsildar, Kadiyam Mandal Pradesh. 4. The Sub-Registrar, Kadiyam, East Godavari District, 5. The Village Secretary. Dulla Gram Panchayat, Mandal, East Godavari District, Andhra Pradesh. East Godavari District, Andhra Andhra Pradesh. Dulla Village, Kadiyam 1 / 6. Nukathatia Surya Rao, S/o. Late Bramaiah, aged 76 years, R/o. Dulla Village, Kadiyam Mandal, East Godavari District, Andhra Pradesh. ...Respondent/s f Petition under Article 226 of the Constitution of India praying that in teeircumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly nature of Writ of Mandamus declaring the action of the respondents particularly respondent No. 4 herein in issuing the proceedings in Letter C.No. 74/2024 dated 19.12.2024 to cancel the document in Document No. 4386/2021 dated 31.08.2021 registered on the file of the 4*'' respondent basing on the letter issued by the 3rd respondent as well as the notices of the 3rd respondent in Reference B.No.413/2024 dated 18.11.2024 as illegal, arbitrary and also oppose to Article 300-A of the Constitution of India consequentially stay of all further proceedings of the 4**^ respondent in Letter C.No. 74/2024 dated 19.12.2024 to V one in the more 11.11.2024 and cancel the document in Document No. 4386/2021 dated 31.08.2021 registered on the file of the 4*^" respondent. lA NO: 1 OF 2Q2fi 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 stay of all further proceedings of the 4 C.No.74/2024 dated 19.12.2024 to cancel the document in Document No. 4386/2021 dated 31.08.2021 registered on the file of the 4*^ respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI V SAI KUMAR Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR STAMPS & REGISTRATION th respondent in Letter 7- / / / I Counsel for the Respondent No.5: SRI Y. KOTESWARA RAO Counsel for the Respondent No.6: NONE APPEARED The Court made the following: APHC010159332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8376/2025 Between: Vemuluri Abbulu ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: 1.VSAI KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following order: ...RESPONDENT(S) This Writ Petition is filed under Article 226 of the Constitution of seeking the following relief: 1. India ‘‘to issue a Writ or Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No. 4 herein in issuing the proceedings in Letter C. No. 74/2024, dated 19.12.2024 to cancel the document in Document No. 4386/2021, dated 31.08.2021 registered on the file of the 4th respondent basing one on the letter issued by the the 3rd 3rd respondent 3s well as the notices of dated respondent in Reference 11-11.2024 and 18.11.2024 to Article 300-A of the B. No. 413/2024, as illegal, arbitrary and also Constitution of India, proceedings of the oppose consequentially stay respondent in Letter of all further 4th C. No. 74/2024 dated 19.12.2024 to cancel the document L Document No. 4386/2021 of the 4th in dated 31.08.2021 registered or^ the file '^^^Pondent and to pass such Other order or orders... 2. 2. The case of the and possessor of land Sy.No. 144 of Dulla having acquired the document No. 4386/2021 petitioner is that the petitioner i admeasuring to village, Kadiyam Mandal, IS the absolute owner square yards in East Godavari District an extent of 289.33 and subject property from the registered sale deed vide Since then, he has property. While things stood impugned notice dated dated 31.08.2021. possession and enjoyment of the subject the 4th respondent herein issued the i been in thus, 19.12.2024, respondent, the subject ^ document and directed cancelled by approaching the Stating that pursuant to the sale deed bearing Document the petitioner to the 4th respondent. proceedings of the 3rd No. 4386/2021 i get the said sale deed staff of 3. The learned of the Andhra Pradesh and 4 cancel a sale deed. counsel for the petitioner submits that, Rules under the Registration as per Rule 26(k)(i) Act, 1908, neither the 3'’'^ respondent, nor any other authority has the power to a fake or fabricated unilaterally one. Hence, even if it is alleged to be the impugned notice issued by the 4th respondent is without jurisdiction liable to be set aside. and is 4. On the other hand the learned Assistant Government Pleader Revenue appearing for the respondents furnished written instructions dated 03.04.2025 wherein it is stated that as follows;- for 5. it is submitted that on the same day, this respondent addressed as letter No. 76/2024 dated 19.12.2024 to the 3^ respondent stating that as per enquiry report of the Tahsildar, notices dated 19.12.2024 were sent to the parties of the document and further informed the Tahsildar, Kadiyam that as per the existing registration rules, a sale deed cannot be cancelled unilaterally. 6. it is submitted that this respondent came to know that thereafter, the Tahsildar, Kadiyam/3T^ respondent complaint dated 28.02.2025 to the circle inspector of Police, Kadiyam requesting to take necessary action on the vendor, vendee and others who are behind In creating the alleged malafide document in the government land and Cr.No.78/2025 U/s.420, 468 and 471 IPC was registered in Kadiyam P.S. on 20.03.2025. gave a a case m 7. It is respectfully submitted that as a sub-registrar, I do not have the unilateral power to cancel a registered sale deed. Cancellation can only occur if both parties mutually agree by executing a cancellation deed or by a competent civil court’s order. Therefore the notices were merely a request for the parties to come forward and execute the necessary cancellation deed. The action was taken in good faith to inform the parties and provide them an opportunity to rectify the situation In accordance with the legal procedure”. 5- He further submitted that that he has the respondent has categorically admitted cancel a registered sale deed wi no authority to unilaterally any proceedings as contemplated without^ Andhra Pradesh provision, Section 26(k)(i), is extracted under Rule 26(k)(i) of the Registration Rules 1908. The relevant below “Sectfon 26fArt m Andhra Pradesh Rules 1908, Under the Registration Act, (k)(i) The for registration of registrating officer shall ensure at the time of presentation of previously registered deed cancellation deeds cancellation deeds conveyances on sale before of him that such executed by all the are executant and claimant parties to the previously cancellation deed is registered conveyance accompanied by a declaration on sale and that such showing mutual consent or orders of a or Central Government previously registered deed of competent Civil annulling the transaction conveyance on sale”. or High Court or State contained in the 6- On perusal of Section Registration Act, 1908, i or State or Central Government i cancellation of 26{k) (i) of the Andhra Pradesh it is evident that the Rules under the concerned civil court or High Court is the competent authority to pass an order for any sale deed on the ground of it being fake fabricated executed in respect of government property. Unless there i competent authority, no other authority has the any sale deed, whether it is alleged to be fake issuance of the impugned notice dated 19.12.2024 Who admittedly has no jurisdiction to do , or - IS an order from the power to unilaterally cancel or otherwise. Therefore by the 4th so, is unsustainable in law. the respondent. In view of the reasons stated above, the impugned notice issued by the 4th respondent is hereby set aside. Accordingly the present writ petition is allowed. However, the respondents are at liberty to proceed further in accordance with law, either by issuing proceedings by the competent authority or to initiate appropriate proceedings through Court of Law. There shall be no 7. order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To. 1. The Principal Secretary (Revenue Department), State of Andhra Pradesh, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, East Godavari District, Rajahmahendravaram East Godavari District, Andhra Pradesh. 3. The Tahsildar, Kadiyam Mandal, East Godavari District, Andhra Pradesh. 4. The Sub-Registrar, Kadiyam, East Godavari District, Andhra Pradesh. 5. The Village Secretary, Dulla Gram Panchayat, Dulla Village, Kadiyam Mandal, East Godavari District, Andhra Pradesh. 6. Nukathatia Surya Rao, S/o. Late Bramaiah, aged 76 years, R/o. Dulla Village, Kadiyam Mandal, East Godavari District, Andhra Pradesh. 7. One CC to Sri V Sai Kumar, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] One CC to Sri Y. Koteswara Rao, Advocate [OPUC] Three CD Copies 10. 11. high court DATED;04/04/2025 \ ORDER WP.No.8376 of 2025 allow/ng the W P WITHOUT COSTS