Date of reserved for orders :- Date of pronouncement : 30.06.2026 Date of uploading : 08.07.2026 APHC010617232023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Tuesday, the 30th day of June, 2026 Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No: 31749 of 2023 Between: Penugonda Ramesh and another ...Petitioners and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioners: 1. S.V.S.S.Siva Ram Counsel for the respondents: 1. A. S. C. Bose 2. G.P. for Registration and Stamps Writ Petition No: 31752 of 2023 Between: Penugonda Ramesh and another ...Petitioners and The State of A.P. and others ...Respondents Counsel for the petitioners: 1. S.V.S.S.Siva Ram 2 BSB,J W.P.No.31749 of 2023 & batch Counsel for the respondents: 1. A. S. C. Bose 2. G.P. for Registration and Stamps Writ Petition No: 7635 of 2026 Between: Penugonda Bangaram ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: 1. A. S. C. Bose Counsel for the respondents: 1. G.P. for Women Dev. Child Welfare 2. G.P. for Revenue The Court made the following: 3 BSB,J W.P.No.31749 of 2023 & batch COMMON ORDER: W.P. No. 31749 of 2023 is filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue an appropriate writ, order or direction, more particularly in the nature of a mandamus declaring the action of the respondent No. 3 in registering the cancellation deed dated 13.09.2022 bearing document No. 5785 of 2022 executed by the respondent No. 4 unilaterally whereunder the gift settlement deed dated 21.05.2013 bearing document No. 2067 of 2013 executed by the respondent No. 4 in favour of the petitioners herein has been cancelled as illegal, arbitrary, without jurisdiction, contrary to the principles of natural justice, provisions of the Registration Act, 1908 and the Rules made thereunder including Rule 26(i)(k), ratio laid down by the Apex Court in Thota Ganga Lakshmi and another Vs. Government of Andhra Pradesh and another reported in 2010 (15) SCC 207 besides being violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the cancellation deed dated 13.09.2022 bearing document No. 5785/2022 and pass…” 2. W.P. No. 31752 of 2023 is filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue an appropriate writ, order or direction, more particularly in the nature of a mandamus declaring the action of the respondent No. 3 in registering the cancellation deed dated 13.09.2022 bearing document No. 5784 of 2022 executed by the respondent No. 4 unilaterally whereunder the gift settlement deed dated 21.05.2013 bearing document No. 2066 of 2013 executed by the respondent No. 4 in favour of the petitioners herein has been 4 BSB,J W.P.No.31749 of 2023 & batch cancelled as illegal, arbitrary, without jurisdiction, contrary to the principles of natural justice, provisions of the Registration Act, 1908 and the Rules made thereunder including Rule 26(i)(k), ratio laid down by the Apex Court in Thota Ganga Lakshmi and another Vs. Government of Andhra Pradesh and another reported in 2010 (15) SCC 207 besides being violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the cancellation deed dated 13.09.2022 bearing document No. 5784/2022 and pass…” 3. W.P. No. 7635 of 2026 is filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari, calling for the records pertaining to the proceedings vide Rc. No. 390/2025/J(JA), dated 04.10.2025 passed by the respondent No. 4 herein i.e., the presiding officer / Revenue Divisional Officer, Narsipatnam and the Tribunal for Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and quash the Order passed vide proceedings Rc. No. 390/2025/J(JA), dated 04.10.2025 by the respondent No. 4 as illegal, arbitrary and contrary to the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, violative of principles of natural justice and consequently direct the respondents Nos. 5 and 6 herein pending the present writ petition, not to alter the physical features of the schedule lands of the registered gift settlement deed bearing document No. 2066 of 2013 and bearing document No. 2067 of 2013, dated 21.05.2013 by raising any constructions and pass…” 5 BSB,J W.P.No.31749 of 2023 & batch 4. The case of the petitioners in W.P. Nos. 31749 & 31752 of 2023 is, stated briefly, as follows: The petitioners are sons of Penugonda Bangaram / respondent No. 4 (in W.P. Nos. 31749 & 31752 of 2023). The petitioners are the absolute owners of land admeasuring 115.75 Sq. Yds. in Sy. No. 8/1A, 1st Ward, 1st Block Bhaligattam Village, Narsipatnam Municipality, Narsipatnam Mandal, Visakhapatnam District. The said property was conveyed to the petitioners by the respondent No. 4 through two registered gift settlement deeds dated 21.05.2013 bearing document Nos. 2066 and 2067 of 2013. The property was registered by the respondent No. 2. Thereafter, the respondent No.4, in collusion with the respondent No. 3 and without the knowledge of the petitioners, registered two cancellation deeds vide documents Nos. 5784 and 5785 of 2022, dated 13.09.2022 seeking cancellation of registered documents Nos. 2066 and 2067 of 2013, dated 21.05.2013. Aggrieved by the same, the petitioners submitted a representation dated 04.11.2023 to the respondent No.2 stating that the cancellation deeds were executed unauthorisedly without intimation to them and requested not to entertain the registration of conveyance deeds in relation to the subject property. As no action has been taken by the official respondents so far on the representation of the petitioners, these writ petitions were filed. 5. The case of the petitioner in W.P. No. 7635 of 2026 is, stated briefly, as follows: The petitioner in this writ petition is the father of the petitioners in W.P. Nos. 31749 & 31752 of 2023. Originally, the subject properties are in the name of the petitioner’s first wife late Penugonda Atchuthamba. The respondents Nos. 5 and 6 / sons of the petitioner compelled the petitioner to execute the subject gift deeds. By playing fraud they 6 BSB,J W.P.No.31749 of 2023 & batch illegally and forcibly took away all the original documents of petitioner’s properties. Thereafter, the petitioner executed unilateral cancellation deeds bearing documents Nos. 5184 and 5185 of 2022. As this Court granted stay of operation of subject cancellation deeds, in W.P. Nos. 31749 & 31752 of 2023 on 11.12.2023, the petitioner filed a petition before the respondent No. 4 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking relief of cancellation of gift settlement deeds bearing documents Nos. 2066 and 2067 of 2013. After hearing both the parties, the respondent No. 4 rejected the plea of the petitioner vide Rc. No. 390/2025/J(JA), dated 04.10.2025 stating that the matter is sub-judice before this High Court. Hence, this writ petition was filed. 6. The learned counsel for the petitioners in W.P. Nos. 31749 & 31752 of 2023 submitted that the deed was registered in violation of statutory provision of Rule 26 (i) (k) of the Andhra Pradesh Registration Rules, without notice or consent of the party in whose favour the gift deeds were executed i.e., the petitioners. 7. The learned counsel for the respondent No.4 in W.P. Nos. 31749 & 31752 of 2023 / counsel for the petitioner in W.P. No. 7635 of 2026, submitted that in view of the pendency of these writ petitions, the Revenue Divisional Officer, Narsipatnam passed the order impugned in W.P. No. 7635 of 2026 and therefore, if his writ petition is allowed, liberty may be given to the petitioner to pursue his remedy under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by setting aside the order impugned in the writ petition. 8. In reply, the learned counsel for the petitioners in W.P. Nos. 31749 & 31752 of 2023 submitted that appropriate order may be passed for disposal of the writ petitions. 7 BSB,J W.P.No.31749 of 2023 & batch 9. Accordingly, W.P. Nos. 31749 & 31752 of 2023 are allowed and the impugned registration of cancellation deeds dated 13.09.2022 bearing documents Nos. 5785 and 5784 is set aside. 10. W.P. No. 7635 of 2026 is allowed setting aside the proceeding of the respondent No.4 vide Rc. No. 390/2025/J(JA), dated 04.10.2025. The Revenue Divisional Officer / respondent No. 4 is directed to pass order afresh after hearing both the parties within three (03) weeks from the date of receipt of copy of this order. Till such time, both the parties shall maintain status quo with regard to the subject properties. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Dated: 30.06.2026 NSM Whether the order is: Speaking Reasoned Reportable Non-reportable 8 BSB,J W.P.No.31749 of 2023 & batch 89 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition Nos: 31749 & 31752 of 2023 & W.P.No.7635 of 2026 Dated: 30.06.2026 NSM