APHC010476092022 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28910 OF Between: Smt. Kadiveti Sireesha The State of Andhra Pradesh and Others Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following Impugning the order mutation and issuance of petitioner in respect of the lands to an extent of Ac.5.22½ cents Survey Nos.315/1, 315/2, 318, 319/1, 31 at Iskapalem Village, Buchireddypalem Mandal, S.P.S.R.Nellore District, vide Rc.No.935/D/2021 dated 08.12.2021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28910 OF 2022 ...PETITIONER AND Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: K JYOTHI PRASAD Counsel for the Respondent(S): GP FOR REVENUE following Order: order of the 4th respondent in rejecting the mutation and issuance of e-pass books cum title deed in favour of the petitioner in respect of the lands to an extent of Ac.5.22½ cents Survey Nos.315/1, 315/2, 318, 319/1, 319/2, 320/1 and 320/2 situated at Iskapalem Village, Buchireddypalem Mandal, S.P.S.R.Nellore Rc.No.935/D/2021 dated 08.12.2021 and confirming the [3332] THE SEVENTEENTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ...PETITIONER ...RESPONDENT(S) rejecting the books cum title deed in favour of the petitioner in respect of the lands to an extent of Ac.5.22½ cents in 9/2, 320/1 and 320/2 situated at Iskapalem Village, Buchireddypalem Mandal, S.P.S.R.Nellore confirming the order passed by the 5th respondent in Special Register No.B.110/2021 dated 15.03.2021, the present writ petition is filed. 2. Heard Sri K.Jyothi Prasad, learned counsel for the petitioner and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue. 3. Sri K.Jyothi Prasad, learned counsel for the petitioner, submitted that the orders can be questioned before this Court as the authorities have not dealt with the factual issues in right perspective. The authorities have passed the impugned orders without proper application of mind and in a mechanical fashion. In view of the same, the present writ petition is filed. However, there is an alternative remedy of revision before the Joint Collector under Section 9 of the Act 1971. If this Court comes to conclusion that this writ petition cannot be entertained, liberty may be given to the petitioner to approach the Joint Collector. 4. It is true that the rule of exhaustion of alternative remedy is a rule of discretion and not one of compulsion, but it is difficult to fathom any reason why the High Court should entertain a petition filed under Article 226 of the Constitution and ignoring the fact that the petitioner can avail effective alternative remedy by filing application, appeal, revision, etc and the particular legislation contains a detailed mechanism for redressal of his grievance. 5. There are several factual issues involved in this case wherein this Court sitting under Article 226 of Constitution cannot go into those factual issues. Once the order has been passed by the Revenue Divisional Officer confirming the Tahsildar’s order, the revision before the Joint Collector by virtue of Section 9 is available to the parties concerned to question the orders impugned. 6. As the petitioner has intention to avail alternative remedy by approaching the Joint Collector, this Court is inclined to dispose of the writ petition by giving liberty to the petitioner to avail alternative remedy. 7. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail alternative remedy of revision. There shall be no order as to costs. 8. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 17th February, 2025 TJN 145 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28910 OF 2022 Dated:17.02.2025 TJN HIGH COURT OF ANDHRA PRADESH WRIT PETITION NO: 28910 OF 2022 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 14. 17.02.2025 RC, J The Writ Petition is disposed of. (Vide Separate Order) ________ RC, J TJN