DR,J WP.No.19514 of 2023 APHC010383482023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 19514/2023 Between: 1. PECHETTI BHASKARA RAO @ BHASKAR, S/O SATYANARAYANA, HINDU, AGED ABOUT 52 YEARS, OCC. BUSINESS, R/O AJAYDEEP CHS, FLAT NO.104, PLOT NO.19, SECTOR-19, PANVEL NAGARPALIKA, KHARGHAR, NAVI MUMBAI MAHARASTRA -410210. ...PETITIONER AND 1. THE STATE OF AP, REP.BY PRINCIPAL SECRETARY TO GOVERNMENT REVENUE, STAMPS AND REGISTRATION DEPARTMENT A.P SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 2. THE COMMISSIONER AND INSPECTOR GENERAL, STAMPS AND REGISTRATION DEPARTMENT, VIJAYAWADA, ANDHRA PRADESH. 3. THE DISTRICT REGISTRAR, BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE JOINT SUBREGISTRAR, GUNUPUDI SUB-REGISTRY, BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 5. THE JOINT SUBREGISTRAR, PALAKOLLU SUB-REGISTRY, PALAKOLLU, WEST GODAVARI DISTRICT ANDHRA PRADESH. 6. SRI PECHETTI SATYANARAYANA, S/O NARASIMHULU HINDU, AGED ABOUT 77 YEARS, R/O KATTUPALEM H/O ILAPAKURRU VILLAGE, YELAMANCHILI MANDAL WEST GODAVARI DISTRICT, DR,J WP.No.19514 of 2023 ANDHRA PRADESH-534266 7. SRI PECHETTI VENU GOPAL, S/O SATYANARAYANA, HINDU, AGED ABOUT 46 YEARS, R/O D.NO.4-43, MAIN ROAD, PALAKOL TOWN AND MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH. 8. THE JOINT SUBREGISTRAR, BHIMAVARAM SUB-REGISTRY, BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH. RR 7 AND 8 ARE IMPLEADED AS PER THE COURT ORDER DT. 12/11/2024 VIDE ORDERS PASSED IN IA 2/2023 ...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 Prayed that this Writ of Mandamus, declaring the action of the respondents especially the 4th respondent in entertaining and registering the cancellation deed bearing document no.7786/2023, dated 20-07-2023, presented by the 6th respondent herein, unilaterally cancelling the registered Settlement deed bearing document No.9709/2022, dated 18-07-2022,without the consent or knowledge of the petitioner And all and any subsequent and consequential deeds, documents and encumbrances of whatsoever (including document No.6064 of 2023, dated 26.07.2023) as arbitrary, illegal, without jurisdiction, contrary to the provisions of the Registration Act, 1908 and the Rules made there under, specifically Rule 26(i)(k)(i) and the ratio laid down by Honble Apex Court in Thota Ganga Lakshmi and Anr. vs. Government of Andhra Pradesh, 2010 (15) SCC 207, Honble Andhra Pradesh High Court judgement in Smt.Tummidi Bala Nagamani Vs. The State of Andhra Pradesh (W.P. No. 17394/2021), besides being violative of Articles 14, 21, and 300A of the Constitution of India, and violative of well settled principles of natural justice, and consequentially set aside the cancellation deed bearing document no.7786/2023, dated 20-07-2023, registered by the 4th respondent herein, and all and any subsequent consequential deeds, documents and encumbrances of whatsoever (including document No.6064 of 2023, dated 26-07-2023) and pass Prayer is amended as per Order of the Court dt.26.12.2023 vide order passed in I.A.No.3 of 2023. Counsel for the Petitioner: 1. LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): DR,J WP.No.19514 of 2023 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS (AP) 3. G RAJA BABU DR,J WP.No.19514 of 2023 The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…..pleased to Prayed that this Writ of Mandamus, declaring the action of the respondents especially the 4th respondent in entertaining and registering the cancellation deed bearing document no.7786/2023, dated 20-07-2023, presented by the 6th respondent herein, unilaterally cancelling the registered Settlement deed bearing document No.9709/2022, dated 18-07-2022,without the consent or knowledge of the petitioner ...” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondent Nos.1 to 5 and learned counsel appearing for unofficial respondents. 3. Considering the submissions, this Court has passed an interim order on 03.08.2023. 4. The 5th respondent filed a counter stating that Rule 26(k)(i) of the Rules as quoted by the petitioner is not applicable to the instant case since this is the case of revocation of a gift settlement deed, the rule provides ruling as to cancellation of sale deeds only and in fact as per the provisions under Article 49-B of Schedule 1-A to Indian Stamp Act to register the revocation of a settlement deed already registered. The Commissioner and Inspector General (Registration and Stamps), Andhra Pradesh, Hyderabad issued directions through his memo dated 18.07.2008 relating to registration of DR,J WP.No.19514 of 2023 revocation/cancellation deeds that the amendment to Rule 26(k)(i) of the Rules is applicable for previously registered deeds. 5. In fact in identical situation, the Hon’ble Apex Court has considered and interpreted Rule 26(k)(i) of the Rules and held that when a sale deed is cancelled by a competent Court that the cancellation deed can be registered and that too after notice to the parties concerned and neither the declaration by a competent Court nor any notice to the parties is void. Even in the instant case, there is no mention about the notice to effected persons. 6. Considering the submissions made by the learned counsel for the petitioner and also on perusal of the record, the impugned cancellation deed No.7786 of 2023 dated 20.07.2023 is set aside remanding the matter to the 4th respondent to provide an opportunity to the petitioner herein by issuing notice and take appropriate action as per the Rules. 7. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ________________ JUSTICE D RAMESH Date: 28.11.2025 Dvs DR,J WP.No.19514 of 2023 548 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 19514 OF 2023 Date: 28.11.2025 Dvs