APHC010464602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3233]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 23905/2024 Between:

1. M ADIREDDY NAGAMMA, W/O LATE BALA NAGI REDDY, AGED ABOUT 49 YEARS, R/OD.NO.31-30-25/2, NARAYANA STREET, DABAGARDENS, VISAKHAPATNAM, ANDHRA PRADESH. PIN CODE - 530 004.

...PETITIONER AND

1. T HE GOVERNMENT OF AP, REP. BY ITS PRINCIPAL SECRETARY, REGISTRATION AND STAMPS DEPARTMENT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.

2. T HE COMMISSIONER AND INSPECTOR GENERAL REGISTRATION AND STAMPS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.

3. T HE SUBREGISTRAR, MOGALTHURU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. PIN CODE - 534281.

4. T HE JOINT SUB REGISTRAR, MAIN ROAD, SUPER BAZAR COMPLEX, VISAKHAPATNAM R.O. VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. PIN CODE - 530001.

5. S RI KATA VENKATA REDDY, S/O LATE PERA REDDY, AGED ABOUT 77 YEARS, RETD. PROFESSOR, R/O. NO. 5, GODAVARI BLOCK, NEW IAS OFFICERS QUARTERS, KUNDANBAGH, BEGUMPET, HYDERABAD - 500 016.

...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 topleased to issue a writ, order or direction, more particularly one in the nature of the Writ of Mandamus I. Declaring the action of the Respondents herein, more particularly the action of the Respondent No.3 herein in registering the unilateral execution of Cancellation Deed dated 07.08.2024 bearing C.S.No.5280 of 2024, Document No.4852 of 2024, which is executed by the Respondent No.5 herein, as being illegal, arbitrary, unjust, violative of Principles of Natural Justice, violative of the provisions of the Registration Act, 1908, violative of Rule 26(k)(i) of the Andhra Pradesh Rules Under the Registration Act, 1908 and violative of Articles 14, 21 and 300A of the Constitution of India II. Consequently cancel the registration of Cancellation Deed dated 07.08.2024 bearing C.S.No.5280 of 2024, Document No.4852 of 2024, and iii. Pass IA NO: 1 OF 2024 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 suspend the registration of Cancellation Deed dated 07.08.2024 bearing C.S.No.5280 of 2024, Document No.4852 of

2024 pending disposal of the writ petition, and pass IA NO: 1 OF 2025 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 may be pleased to receive the counter affidavit on record by allowing the leave petition and to pass Counsel for the Petitioner:

1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent(S):

1. D KASIM SAHEB

2. GP FOR REGISTRATION AND STAMPS The Court made the following Order:

Heard the learned Senior Counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned counsel appearing for the 5^th respondent.

2. This writ petition is filed questioning the action of the 3^rd respondent in registering the unilateral execution of cancellation deed dated 07.08.2024 bearing C.S.No.5280 of 2024, document No.4852 of

2024 which is executed by the 5^th respondent.

3. The learned Senior Counsel appearing for the petitioner submits that the said action of the 3^rd respondent is contrary to the decision of the erstwhile High Court of Judicature at Hyderabad in W.P. Nos.20683 of 2012 and W.P. No.2192 of 2013 dated 07.04.2016. He further contends that the bilateral transactions cannot be sought to be cancelled unilaterally before the 3^rd respondent. The observation of the Hon’ble Division Bench at para Nos.29 & 30 of the said judgment is as under:

“29. Thus, having regard to the law laid down by the Supreme Court and provisions of the Act, in our opinion, whenever registered docume