APHC010053262026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Tuesday, the 14th The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No Between: Althi Shankar Rao The State of Andhra Pradesh and Counsel for the petitioner: 1. V.N.V.Surya Dattu Counsel for the respondent 1. G.P. for Registration and The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) th day of July two thousand and twenty six Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 3466 of 2026 ...P and f Andhra Pradesh and others ...Respondents etitioner: espondents: egistration and Stamps The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3311] day of July two thousand and twenty six ...Petitioner espondents 2 W.P.No.3466 of 2026 O R D E R: This petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction, more particularly one in the nature of a writ of mandamus, declaring the proceeding No. G1 / 232 / 2023, dated 05.12.2023 issued by the respondent No.4 in not initiating action under Sections 82 and 83 of the Registration Act, 1908 (in short, ‘the Act, 1908’) despite recording categorical findings regarding the submission of a false affidavit by the respondent No.7 to register the sale deed No. 2742 of 2022, dated 17.02.2022, as illegal, irregular, irrational, in violation of the principles of natural justice and contrary to the Act, 1908 and the rules framed thereunder, and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently, set aside the proceeding No. G1 / 232 / 2023, dated 05.12.2023 issued by the respondent No.4 and direct the respondents to cancel the sale deed No. 2742 of 2022, dated 17.02.2022 and further direct the respondent No. 2 to initiate an enquiry under Sections 82 and 83 of the Act, 1908. 2. The case of the petitioner, briefly stated, is as follows: The petitioner submitted a representation through P.G.R.S. vide Grievance No. VSP202509294244, dated 29.09.2025 requesting the respondents, particularly the respondent No.3 to exercise statutory powers and cancel the fraudulent sale deed No. 2742 of 2022, dated 29.09.2025. As per Section 77-A of the Registration (Andhra Pradesh Amendment) Act, 2023, the respondent No.3 is explicitly empowered to cancel the registration of a document if it is found to be a forged document or registered in contravention of law. The 30 days, statutory period of redressal, expired on 29.10.2025. Even then, no action was initiated. Hence, this writ petition was filed. 3 W.P.No.3466 of 2026 3. The learned Assistant Government Pleader for Stamps and Registration placed on record a copy of the written instructions of the respondent No. 5, dated 17.06.2026 and 07.07.2026 is as follows: “The registering officers shall insist a declaration or affidavit on non-judicial stamp paper confirming that the principal owner is alive that the GPA is still in force to satisfy themselves during enquiry before registration of the document. This office complied with this requirement exactly. The sworn affidavit of the G.P.A. holder was obtained on 16.02.2022 and the document was registered on 17.02.2022. If the affidavit is false, it constitutes an offence under Section 82 and 83 of the Registration Act, 1908 attributable to respondent No.7 not the respondent No.5 i.e., Sub-Registrar, Bhogapuram. The Registering Officers acts in a quasi-ministerial capacity he does not conduct a judicial inquiry into the tile of validity of documents presented before him. The Registration Act, 1908 does not impose a duty on the Sub-Registrar to verify the factual correctness of a sworn affidavit submitted before him by the G.P.A. holder.” The District Registrar, Vizianagaram has opined at paragraph No. 5 of proceedings. No.G1/232/2023, dated 05.12.2023 as follows: “5) ‘General Power of Attorney’ will automatically cease to be operated and revoked on the death of the Principal as per Law and as per Standing Order No. 595 E (2) of Registration Manual Part-II. Accordingly, the sale deed got registered as No.2742/2022 of S.R.O., Bhogapuram is a void deed in the eye of Law, since Sri T.Chandrarao is not a proper person to execute the sale deed in question.” But, not confirmed the affidavit as a ‘fake’ one. Finally concluded that unless the procedure laid down under Registration Rule 26(k), the departmental officials have no jurisdiction to pass revocation 4 W.P.No.3466 of 2026 orders cancelling previously registered document, basing on complaint / representation of the parties concerned and no orders were passed since the matter is pending for adjudication before the Hon’ble Court. Hence, no action is initiated by this respondent under Sections 82 and 83 due to lack of clear findings and orders from the District Registrar, Vizianagaram for launching prosecution of the parties concerned”. 4. The District Registrar, Vizianagaram / the respondent No. 4 and the Sub-Registrar, Bhogapuram / the respondent No. 5 personally attended before this Court and represented that appropriate action would be taken pursuant to the proceeding of the District Registrar, vide proceeding No. G1 / 232 / 2023, dated 05.12.2023, as per law. 5. In view of their undertaking, the learned counsel for the petitioner requested to dispose of the writ petition providing them short time to take further action. 6. The learned Assistant Government Pleader for Stamps and Registration, representing the respondents Nos. 4 and 5, requested to give time enough for passing an appropriate order. 7. Accordingly, the writ petition is disposed of directing the respondents Nos. 4 and 5 to take appropriate action, as per law, within a period of two (2) weeks from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this petition shall stand closed. ___________________ B. S. BHANUMATHI, J Dt. 14.07.2026 PNV 5 W.P.No.3466 of 2026 Whether the order is : Speaking No / Reasoned Yes Reportable No / Non-Reportable Yes