THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.25356 of 2008 ORDER: Although the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for both the parties, the Writ Petition itself is taken up for hearing and being disposed of by this order. Petitioners claim that they are owners and possessors of the lands covered by survey Nos.577, 728/1 and 728/2 of Pulla Village. They also claim that they have purchased the same from its earlier owners and possessors by registered sale deeds during 2001 and 2002. In this Writ Petition, they assailed the validity of order, dated 30.10.2008 passed in LCC.No.1517, 1518/Kovvur/75, by the second respondent - District Collector, West Godavari, Eluru. I have perused the impugned order, in which, it is stated that one M.Buchi Raju, Son of Jagga Rao was the declarant under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, in LCC.No.1517, 1518/Kovvur/75 and the lands covered by survey Nos.577, 728/1, 728/2 and 1308 were surrendered by him as excess lands. On the ground that the tenants have illegally sold the lands to the third parties by registered sale deeds contrary to the instructions issued, the impugned order is passed requesting the Deputy Inspector General, Stamps and Registration Department, Eluru and the District Registrar, Registration Department, Eluru, to take action for cancellation of the said documents. It is the case of the petitioners that the impugned order is passed without any authority of law and jurisdiction. If any sale deed is executed, it can be cancelled pursuant to a cancellation deed to be executed by the parties to the original document or on account of declaration by the competent civil Court. Once a document is registered with regard to sale of a property, there is no provision either in the Indian Stamp Act or the Registration Act, which empowers the District Collector to order for cancellation of such sale deed on the ground that the same was executed by other than the owner. On this short ground, the impugned order is liable to be set aside. Accordingly, order, dated 30.10.2008, passed in LCC.No.1517, 1518/Kovvur/75 by the second respondent is hereby quashed. However, it is open for the unofficial respondents, who are claiming assignments pursuant to the orders of the Government, to workout their remedies. It is also open for the authorities to take steps with regard to the unauthorized possession of excess lands in accordance with law. The Writ Petition is accordingly disposed of, with the directions referred to above. No order as to costs. _______________________ R.SUBHASH REDDY, J 17th AUGUST, 2011. kvni