SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(AP) 9196

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B Krishna Mohan, J
YALLAMATI ELIYA – Appellant
Versus
THE STATE OF AP – Respondent
WRIT PETITION NO: 2787/2026



Advocates:
For the Appellants/Petitioners: Peta Gnana Teja
For the Respondents: GP for Revenue, GP for Registration and Stamps

A writ petition is not maintainable when an effective alternative statutory remedy, such as a revision before a revisional authority, is available to the aggrieved party.

Headnote:The petitioners challenged an order dated 17-07-2025 passed by the Revenue Divisional Officer under Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass books Act, 1971, concerning the mutation of names for the subject land. The petitioners sought a Writ of Mandamus to set aside the appellate order, which had allowed an appeal filed by the sixth respondent. The primary issue was whether the petitioners could maintain a writ petition when a statutory alternative remedy was available. The court observed that the petitioners have an effective alternative remedy of revision against the impugned order before the Joint Collector/revisional authority. Accordingly, the Writ Petition is disposed of.

Table of Content
1. procedural background and facts regarding the challenge to a mutation order. (Para 1 , 2 , 3)
2. availability of statutory revision as an alternative remedy to writ jurisdiction. (Para 4 , 5)
3. final disposal of the writ petition. (Para 6)

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 of order more in the nautre of Writ of Mandamus declaring the order dated 17-07-2025, passed by the 3rd respondent in appeal vide A.Rc.No.2/2025/F filed under Section 5(4) of Andhra Pradesh Rights in Land and Pattadar Pass books Act. 1971, as highlly illegal and arbitary,unconstitutional and against the provisions of Andhra Pradesh Rights in Land and Pattadar Pass books Act. 1971, without jurisdiction, specifically section 5 of the said act and Consequentially set the side the order dated 17-07- 2025 passed by the 3rd respondent in appeal filed under Section 5(4) of Andhra Pradesh Rights in Land and Pattadar Pass books Act. 1971, vide A.Rc.No.2/2025/F and to pass

IA NO: 1 OF 2026

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 impugned order of the 3rd Respondent in A.Rc.No. 2/2025/F, dated 17.07.2025, forthwith and direct the Respondents not to dispossess the Petitioners from the subject property pending disposal of the above writ petition and to pass

The Court made the following Common Order:

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents.

2. The issuance of notice to the 6th respondent is dispensed with as no prejudice would cause to her, even if, the case is disposed of in her absence.

3. This Writ Petition was filed questioning the order of the 3rd respondent dated 17.07.2025 in the matter of mutation of names of the parties concerned with respect to the subject land covered under the said order of the 3rd respondent dated 17.07.2025. The 6th respondent herein is the appellant before the 3rd respondent/ appellate authority. The petitioners herein are the respondents therein before the said appellate authority. The appeal of the 6th respondent herein was allowed by the said authority and being aggrieved by the same, this Writ Petition was filed.

4. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 5 submits that the petitioners have got an effective alternative remedy of revision against the impugned order of the 3rd respondent dated 17.07.2025.

5. In view of the above said facts and circumstances, the petitioners are permitted to file revision before the Joint Collector, Bapatla/ the revisional authority concerned against the above said impugned order of the 3rd respondent dated 17.07.2025 by enclosing all the necessary documents in support of their claim by arraying the 6th respondent herein as the party respondent in the said proposed revision, within a period of four (04) weeks from the date of receipt of copy of this Order. On receipt of such revision from the petitioners herein, if any, the Joint Collector, Bapatla/ the revisional authority shall dispose of the same strictly in accordance with law, by hearing all the parties concerned including the petitioners, the official respondents and the unofficial respondent/ 6th respondent, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible. Till filing of the revision before the revisional authority, there shall be an order of status-quo as on today to be maintained with respect to the subject land covered under the impugned order of the 3rd respondent dated 17.07.2025. If any interim relief is required thereafter for the revision petitioners, it is open for them to

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top