IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 809 of 2008 Between: 1 Kudithupudi Suresh Babu, S/o.Adiseshaiah, R/o.H.No.1-19,Vallinagulapalli(V),R.R Dist 2 B.Hari Kumar Redd S/o.Obula Reddy, Plot No.31 Sarada Nagar Ananthapur Dist 3 Zahida W/o.Shaik Imam Saheb, R/o.12-13-71,Charminar Hyderabad Rep.by Her G.P.A s(10 Kudithupudi Suresh Babu and (2) B.Hari Kuamar Reddy ..... PETITIONERS AND 1 The Commissioner and Inspector General of Registrartion & Stamps A.P Hyderabad 2 The Dist Registrar, R.R Dist 3 The Joint Sub-Registrar-I, Registrar Office,Mosapet,R.R Dist 4 P.Praveen Chandra S/o.Venkata Narayana, R/o.Flat No.606, HUDA Mainthivanam, Ameerpet,Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ,order or direction ,more particularly one in the nature of writ of Mandamus,declaring the proceedings No.AIG(S)/2/2007,dt.02-01-2008 of the 1st respondent as contrary as contrary to law, illegal,arbitrary discriminatory and without jurisdiction and to pass Counsel for the Petitioners: MR.VENKATESWARLU POSANI Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.809 of 2008 ORDER: The petitioners filed instant writ petition assailing the proceedings dated 02.01.2008 of first respondent, namely, Commissioner and Inspector General of Registration and Stamps, Hyderabad, as illegal, arbitrary and without jurisdiction. This Court, while ordering notice before admission on 23.01.2008, ordered status quo. Subsequently when the matter was admitted on 30.01.2008 an order of interim suspension was made. Respondent Nos.1 to 3 (official respondents) moved W.V.M.P.No.1507 of 2008 and fourth respondent moved W.V.M.P.No.428 of 2008. Having regard to the provisions of Section 69(1)(j) of the Registration Act, 1908 (Registration Act, for brevity) as well as subsequent events the writ petition itself is being disposed of at the interlocutory stage. Third petitioner purchased plot Nos.445 and 446 of type-B admeasuring 600 sq.yards comprised in survey No.75 of Kondapur Village, Rajendranagar Taluk, Ranga Reddy District, from N. Narasinga Rao and 10 others under agreement of sale dated 10.06.1983. She presented the document before second respondent, who impounded the same on 06.07.2007 under Section 42 of the Indian Stamp Act, 1899 (Stamp Act, for brevity) for collecting deficit stamp duty and penalty. After doing so the same was registered as agreement of sale-cum-general power of attorney being document No.10792 of 2007 dated 16.08.2007 in favour of petitioner Nos.1 and 2. On an application/representation submitted by son of fourth respondent seeking cancellation of said document, first respondent issued notice to petitioners. Second petitioner appeared before first respondent and raised objections, inter alia, on the ground that first respondent has no jurisdiction to entertain such application. First respondent rejecting the objections, by impugned order dated 02.01.2008, document No.10792 of 2007 was cancelled. Respondent Nos.1 to 3 in their counter affidavit relied on the power of superintendence vested in first respondent under Section 69 of Registration Act. Fourth respondent in his counter affidavit sustains the impugned order relying on Section 69(1)(j) of Registration Act. This Court, after perusing the pleadings and considering the rival submissions is of the considered opinion that Section 69(1)(j) of Registration Act does not either explicitly or impliedly empower the Inspector General to cancel a registered document. Section 69 of Registration Act empowers the Inspector General to make rules consistent with Registration Act and shall exercise general superintendence over all registration offices in the territories under State Government. The Rule so made as per Section 69(2) of Registration Act shall be submitted to State Government for approval. After judgment of Full Bench of this Court in Yanala Malleshwari v Ananthula Sayamma[1], Rule 26(i)(k)(i) of the Andhra Pradesh Rules under Registration Act, 1908 (Rules, for brevity) was added presumably by first respondent. As per this provision, registrating officer is conferred with limited power of cancellation of deeds previously registered after giving notice to the parties. Registration Officers are those who are appointed under Sections 5 to 7 of Registration Act. The Inspector General of Registration is the authority appointed by State Government and he is not conferred with any powers of registration officer though he has been conferred with other powers under Stamp Act and Registration Act. Therefore, power under Rule 26(i)(k)(i) of Rules cannot be exercised by the Inspector General and such power can be exercised only by registration officer, who registered document initially. It is brought to the notice of this Court that fourth respondent filed O.S.No.2350 of 2007 on the file of the Court of I Additional Junior Civil Judge, Ranga Reddy District, for declaration of document No.10792 of 2007 as invalid and not binding on fourth respondent. As held by this Court in Yanala Malleshwari (supra) when a person is aggrieved by registration of document or cancellation is passed without jurisdiction, the same is liable to be set aside. Accordingly the impugned order dated 02.01.2008 passed by first respondent is set aside leaving it open to the parties to agitate in pending civil suit referred to hereinabove. With the above directions and observations, the writ petition is disposed of. Observations made hereinabove are meant only for the purpose of present order and the same do not bind the civil Court. There shall be no order as to costs. _____________ (V.V.S.RAO, J) 10th December, 2008 GHN To 1 The Commissioner and Inspector General of Registration & Stamps A.P Hyderabad 2 The Dist Registrar, R.R Dist 3 The Joint Sub-Registrar-I, Registrar Office,Mosapet,R.R Dist 4 2CCs to GP for Revenue 5 2CD copies Form-NIC-OGS/WP{BMR} [1] 2006(6) ALT 523 (FB)