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2026 DAILYLAW 16012 (AP)

YALLAMATI ELIYA v. THE STATE OF AP

WP/2787/2026 · 2026-02-02

B Krishna Mohan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010048662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2787/2026 Between: 1. YALLAMATI ELIYA, S/O YESOBU, AGED ABOUT 80 YEARS, RESIDENT OF VARAHAPURAM VILLAGE, VEMURU MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 2. GADELAVARTHI JHANSI RANI,, W/O JOSHUA, AGED ABOUT 43 YEARS. RESIDENT OF VARAHAPURAM VILLAGE VEMURU MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P.SECRETARIAT, AMARAVATI. 522238. 2. THE DISTRICT COLLECTOR, BAPATIA DISTRICT, BAPATIA. 522101. 3. THE REVENUE DIVISIONAL OFFICER, REPALLE DIVISION, BAPATIA DISTRICT. 522265. 4. THE TAHSILDAR, VEMURU MANDAL, REPALLE DIVISION, BAPATIA DISTRICT. 522261. 5. THE SUB REGISTRAR, KOLLURU SUB REGISTRATION OFFICE, KOLLURU, BAPATIA DISTRICT. 522411. 6. YALLAMATI KANAKAMMA, W/O NOT KNOWN TO THE PETITIONER, VARAHAPURAM VILLAGE, VEMURU MANDAL, BAPATIA DISTRICT. 522261. ...RESPONDENT(S): 2 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 Counsel for the Petitioner(S): 1. PETA GNANA TEJA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS 3 The Court made the following 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 4 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 file appropriate application before the said revisional authority to be considered on merits independently. In default of filing the revision within the above said stipulated time, the interim protection granted by this Court stands vacated automatically. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 03.02.2026 SCH 5 296 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.2787 of 2026 Date: 03.02.2026 SCH