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2025 DAILYLAW 58357 (AP)

Shaik Firoz v. State of Andhra Pradesh

WP/3395/2021 · 2025-10-29

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010053672021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3395/2021 Between: 1. SHAIK FIROZ, S/O CHAN BASHA, AGED ABOUT 49 YEARS, RESIDING AT DOOR NO.9-349, SRI VENKATESWARA TEMPLE STREET, SULLURPETA TOWN AND MANDAL, SPS NELLORE DISTRICT, A.P. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, AMARAVATHI, GOLLAPUDI. 2. THE COMMISSIONER AND INSPECTOR GENERAL, REGISTRATION AND STAMPS 5-59, R.K.SPRING VALLEY APARTMENTS, EDUPUGALLU, KANKIPADU MANDAL, A.P, VIJAYAWADA - 521151 3. THE DISTRICT REGISTRAR, NELLORE, SPSR NELLORE DISTRICT, A.P. 4. THE JOINT SUBREGISTRAR, SULLURPET, SULLURPET POSTAND MANDAL, SPSR NELLORE DISTRICT. 5. THE JOINT SUBREGISTRAR, RAPUR, SPSR NELLORE DISTRICT, A.P. 6. TAJ ENTERPRISES, 6NT ROAD, SULLURUPETA REP. BY ITS MANAGING PARTNER, SHAIK CHAN BASHA, AGED ABOUT 71 YEARS, S/O LATE KALESHA SAHEB, RES/AT D.NO.66-1, SRI VENKATESWARA TEMPLE STREET, SULLURPET TOWN AND MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 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 toto issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 5th respondent in unilaterally cancelling the registered Settlement/Gift deed bearing Document No. 1332 of 2019, dated 02-05-2019 on file of SRO, Sullurpet, SPSR Nellore District through the registered cancellation/revocation deed bearing Document No. 826 of 2020, dated 30-12-2020 on file of office of 5th Respondent I SRO, Rapur, SPSR Nellore District submitted by the respondent No.6 as being illegal, arbitrary and violative of Articles 14 and 300(A) of the Constitution of India apart from being violative of principles of natural justice and consequently direct the official respondents to make necessary entries in their records indicating that the revocation deed dated 30-12-2020 bearing document no.826/2020 of SRO, Rapur, SPSR Nellore District stands cancelled / setaside and pass IA NO: 1 OF 2021 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 respondent Nos.4 and 5 not to entertain any documents in respect of property covered under the settlement deed bearing document no. 1332/2019 in the office of Joint-Sub-Registrar, Sullurpet, dated 02¬05-2019 and registered cancellation deed bearing document no.826/2020 in SRO, Rapur dated 30-12-2020 i.e. an extent of Ac.0-39 cents in S.No.130/6A and Ac.0-39 cents in S.No.13016B with total extent of Ac.0-78 cents along with construction with Assessment No.497 in Konduru Revenue Village, SPSR Nellore District and pass IA NO: 2 OF 2021 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 pleased to implead this petitioner as Respondent No.7 in the W.P.No. 3395 of 2021 and pass such Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. K KRISHNA BUSHAN CHOWDARY(CENTRAL GOVERNMENT COUNSEL) 2. GP FOR REGISTRATION AND STAMPS (AP) 3 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition was filed questioning the action of the 5th respondent in unilaterally cancelling the registered Settlement/Gift deed bearing Document No.1332 of 2019, dated 02.05.2019 on file of SRO, Sullurpet, SPSR Nellore District through the registered cancellation/revocation deed bearing Document No.826 of 2020, dated 30.12.2020 on the file of the office of the 5th respondent/SRO, Rapur, SPSR Nellore District submitted by the respondent No.6. 3. The respondent Nos.5 and 6 filed counter-affidavits separately. However, there is no representation for the 6th respondent. 4. However, both the learned counsels submit that this issue is squarely covered by the Order of this Court passed in W.P.No.16554 of 2020, dated 17.09.2025 and the same benefit may be extended in this writ petition also. 5. In view and in terms of the same, this writ petition is also disposed of, setting aside the Cancellation/Revocation deed bearing Document No.826 of 2020, dated 30.12.2020 on the file of the office of the 5th respondent/SRO, Rapur, SPSR Nellore District submitted by the 6th respondent and the Settlement/Gift deed bearing Document No.1332 of 2019, dated 02.05.2019 on the file of the SRO, Sullurpet, SPSR Nellore District is restored to its file 4 for all the practical purposes to deal with the subject land in accordance with law. 6. The Registry is directed to append the copy of the Order passed by this Court in W.P.No.16554 of 2020, dated17.09.2025, to this Order. 7. Accordingly, the writ petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 30.10.2025 SCH 5 210 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.3395 of 2021 Date: 30.10.2025 SCH