APHC010549722016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3206]

(Special Original Jurisdiction)

FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 40002/2016 Between:

1. S MT. CH.G.V.S.K.MAHALAKSHMI D/0 SRI. CH.SOMASUNDARA RAO,, OCC:HOUSEHOLD, R/O D.NO. 7-13-1, A.V. OUT GATE DOWN, CHINA WALTAIR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH REP, BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.

2. T HE DISTRICT REGISTRAR VISAKHAPATNAM VISAKHAPATNAM DIST, -

3. J OINT SUBREGISTRAR 173 PENDURTHI VISAKHAPATNAM DIST, -

4. C HEMBOLU SOMASUNDARA RAO S/O SANYASI RAO, R/O DOOR NO. 1-10/2, PRASHANTHI NAGAR CHINMUSHIDIWADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

...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 issue an appropriate Writ Order or declaring the action of the Joint Sub- Registrar-21, Pendurthi, Visakhapatnam District, in registering the Deed of Cancellation No. 6217/2015 dated 15-12-2015 executed by the fourth respondent unilaterally, as illegal, arbitrary and null and void IA NO: 1 OF 2016(WPMP 49282 OF 2016 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 suspend the Registration of the Cancellation Deed No. 6217/2015 dated 15- 12-2015 executed by the 4th respondent, pending disposal of the above writ petition.

IA NO: 1 OF 2019 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 permit the Petitioner to bring on record the proposed respondents 5 and 6 viz, (1) Smt. Chembolu Lakshmi W/o . Late Somasundara Rao and (2) Chembolu Uma Maheswara Rao, S/o Late Somasundara Rao as the legal heirs of the deceased 4^th respondent late. Chembolu Somasundara Rao and to pass Counsel for the Petitioner:

1. D KRISHNA MURTHY Counsel for the Respondent(S):

1. GP FOR ASSIGNMENT (AP)

2. GP FOR REVENUE (AP)

3. M KISHORE BABU The Court made the following ORDER:

The 4^th respondent herein, who is the father of the petitioner herein, had executed a deed of Gift, on 08.12.2008, which was registered as document No.3595/2008 before the Joint Sub Registrar, Pendurti, gifting a house site admeasuring 166 ½ square yards in Sy.No.166/3 of Chinamushidiwada Village, Visakhapatnam District. This gift was accepted by the petitioner and the petitioner claims that the possession has also been delivered to her.

2. The 4^th respondent, thereafter executed and registered a deed of cancellation, dated 15.12.2015, in the office of the 3^rd respondent – Joint Sub Registrar and the same was registered as document No.6217/2015. The petitioner being aggrieved by the deed of revocation has filed the present writ petition.

3. Smt.Vijayasanthi, learned counsel appearing for the 4^th respondent representing the respondents 5 and 6, who are brought on record, on account of demise of the deceased 4^th respondent, during the pendency of the writ petition, while reiterating the contentions raised by the Joint Sub Registrar in her counter-affidavit, would raise two grounds of objections. Firstly, the writ petition is not maintainable for cancellation of revocation deed and the only remedy available to the petitioner is to file a civil suit. Secondly, the provisions of Rule 26(i)(k), relied upon by the petitioner would not be applicable in the present case as the said provision relates only to the revocation of deeds of sale and would not apply to gift deeds.

4. Sri D.Krishna Murthy, learned counsel appearing for the petitioner relying upon the judgment of the Hon’ble Supreme Court in Asset Reconstruction Company (India) Limited, vs. S.P.Velayutham and others, 2022(8) SCC 210, would contend that