IN THE HIGH COURT OF ANDHRA PRADESH::AMAR (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7447 OF 2025 Between: H^aasimalli Sai Abhishek, S/o Pichayya, Aged about 21 years, R/o Gundlapalli pillage, Nakarikallu Mandal, Palanadu District ...Petitioner AND VThe Government of Andhra Pradesh, Represented by its Principal Secretary, Stamps and Registration Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District 2. The District Registrar, Anantapuram District 3. The Joint Sub Registrar Office, Guntakal, Anantapur District 4. The Sub-Registrar, Guntaka, Anantapur District 5. Kaasimalla Pichhayya Joseph Kumar, S/o Chinna Jaanu, Aged about 52 years, R/o Gundlapalli Village, Nakarikallu Mandal, Guntur District 6. Kaasimalla Navya Sreelakshmi, D/o Kaasimalla Pichhayya Joseph Kumar, R/o Gundlapalli Village, Nakarikallu Mandal, Guntur District 7. Kaasimalla Alekhya, D/o Kaasimalla Pichhayya Joseph Kumar R/o (pundlapalli Village, Nakarikallu Mandal, Guntur District 8. Oodadala Mastanayya, S/o Pedda Peddanna, Aged about 45 years R/o D No, 13/189-2, Vaalmiki Nagar, Guntakal PO Town, Guntaka’l Mandal, Anantapuram District 9. Baana Venkata Raami Reddy, S/o Kondareddy, Aged about 53 years R/o D No. 6/1431-B, Bhagya Nagar, Guntakal PO Town, Guntakal Mandal, Anantapuram District ...Respondents 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 or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent No 4 LR No. 18/cir/2025, dated 12- 02-2025 as being arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and in issuing consequently set aside LR No. 18/cir/2025, dated 12- 02-2025, and to issue a direction to Respondent No. 4 to cancel the registered sale deeds bearing Nos. 8473 of 2022 and 8474 of 2022, both dated 13-12-2022 executed at the Guntakal Sub-Registrar Office lA 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 set aside LR No 18/cir/2025, dated 12-02-2025 direction to Respondent No. 4 to cancel the registered sale deeds Nos. 8473 of 2022 and 8474 of 2022, both dated 13-12-2022 the Guntakal Sub-Registrar Office and to issue a bearing executed at Counsel for the Petitioner: SRI KODE RAMESH BABU Counsel for the Respondents No.1 to 4: GP FOR REGISTRATION AND STAMPS Counsel for the Respondents No.5 to 9: None The Court made the following: Order APHC010139112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7447/2025 Between: ...PETITIONER Kaasimalli Sai Abhishek AND ...RESPONDENT(S) The Government Of Ap and Others Counsel for the Petitioner: 1.KODE RAMESH BABU Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 7447 OF 2Q2.q NIMMAGADDA ORDER: 1. This writ petition is filed under Article 226 of the Constitution issue writ of mandamus declaring the action of Respondent No.18/Cir/2025 dated 12.02.2025 a direction to Respondent No.4 to cancel the of India, to No.4 in issuing LR as illegal, arbitrary and consequently registered sale deeds bearing Nos.8473 of 2022 and 8474 of 2022 dated 13.12.2022 executed at Guntakal Sub-Registrar Office. , issue 2. The crux of the District Registrar, Anantapuram vide PGRS 22.01.2025. alleging that the Sub-Registrar registering Document Nos.8473/2022 and 8474/2022 is that the petitioner made application to the ATP 202501233736 case dated Guntur played fraud while dated 13.12.2022 and reuquested to cancel the sale deeds executed in favour of third parties. Based upon the application made by the petitioner, the office Guntakal issued letter in L.No.18/Cir/2025 dated 12.02.2025 when the documents of the Sub-Registrar, stating that are submitted before the Sub-Registrar for registration, they will register in accordance with Rule 58 of the Registration also stated that the Sub-Registrar does not have Act, 1908. It is any authority to determine titled of the property or to conduct personal inquiries. Challenging the letter dated 12.02.2025, the present writ petition is instituted. 2 NVJ W.P,No,7447 of 2025 3. During hearing, learned counsel for the petitioner submits that, it is the statutory duty of the Registrar to meticulously verify the link documents and legal heir certificates prior to proceeding with the registration of any document to ensure authenticity and legitimacy of the transaction and to safeguard the rights and interests of all the concerned parties. However, Respondent No.4 acted in contravention of the statutory duty by completing the registration process without conducting any verification and requested to set-aside the letter dated 12.02.2025. On the other hand, learned Government Pleader for Stamps and 4. Registration supported the communication/letter dated 12.02.2025 issued by Respondent No.4 in all respects. He submits that, the Sub-Registrar does not have the authority to determine the title of the property and any document already registered can be cancelled only by obtaining a decree from the competent Civil Court of law or by way of mutual consent of the parties to the said document, but not otherwise and requested to dismiss the writ petition. Heard learned counsel for the petitioner, learned Government Pleader 5. for Stamps and Registration and perused the material available on record. The observation of the 4‘^ respondent vide communication/letter dated 6. 12.02.2025 that the Sub-Registrar does not have the authority to determine title of the property is proper and valid and in accordance with law. The 3 NV,J W.P.No.7447 of 2025 Revenue Court does not have any jurisdiction to decide the title dispute between the parties. But a Civil Court is alone competent to settle the dispute and also empowered to cancel the registrations if found, the same are not valid. 7. Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules reads as under; "26(i) [(k)(i) The registering officer shall ensure at the time of presentation for registration of cancellation deeds of previously registered deed of conveyances on sale before him that such cancellation deeds are executed by all the executant and claimant parties to the previously registered conveyance on sale and that such cancellation deed is accompanied by a declaration showing mutual consent or orders of a competent Civil or High Court State or Central Government annulling the transaction contained in the previously registered deed of conveyance on sale;] Provided that the registering officer shall dispense with the execution of cancellation deeds by executant and claimant parties to the previously registered deeds of conveyances on sale before him if the cancellation deed is executed by a Civil Judge or a Government Officer competent to execute Government orders declaring the properties contained in the previously registered conveyance on sale to be Government or Assigned or Endowment lands or properties not registerable by any provision of law. (ii) Save in the manner provided for above no cancellation deed of a previously registered deed of conveyance on sale before him shall be accepted for presentation for registration." or 4 NV,J W.P.No.7447 of 2025 8. As per Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules, the Registering authority is debarred from receiving, processing and registering the cancellation deed contemplating to cancel the earlier registered document. unless all the executants of the earlier registered document execute that document accompanied by mutual consent of the parties. 9. Therefore, conscious of the above provision that the Sub-Registrar is not competent to deal with the title of the property, Respondent No.4 rightly issued the letter dated 12.02.2025 communicating that the a registered document can be cancelled by way of decree passed by the competent civil court of law. Therefore, this Court finds no ground to interfere with the letter issued by Respondent No.4 in the present case. However, the petitioners are at liberty to approach the civil court, if advised, for cancellation of the sale deeds executed in favour of third parties. 10. With the above direction, writ petition is disposed of. 11. Consequently, miscellaneous applications pending if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Stamps and Registration Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District 2. The District Registrar, Anantapuram District 3. The Joint Sub Registrar Office, Guntakal, Anantapur District 4. The Sub-Registrar, Guntaka, Anantapur District 5. One CC to SRI KODE RAMESH BABU Advocate [OPUC] 6. .Two CCS to GP FOR REGISTRATION AND STAMPS, High Court of Andhra Pradesh [OUT] 7. Three CD Copies gsg HIGH COURT DATED: 24/03/2025 ORDER WP.No.7447 of 2025 DISPOSING THE WP WITHOUT COSTS