IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 23956 of 2008 Between: 1 Smt.G.Shailaja W/o.G.Vijay Kumar R/o.Flat No.101, Suryateja Apts, Dharma Reddy colony Beside KPHB Colony,Kukatpally, Ranga Reddy District 2 G.Vijay Kumar S/o.G.V.Krishna Rao R/o.Flat No.101, Suryateja Apts, Dharma Reddy colony Beside KPHB Colony,Kukatpally, Ranga Reddy District 3 Smt.V.Smitha W/o.M.Krishna Kireeti R/o.Plot No.72, Shivabagh colony, Ameerpet Hyderabad, rep.by her GPA Holder V.Satyanarayana,S/o. Late V.Bulli Satyam, aged about 60 years,Occ:Business R/o.Plot No.72, Shivabagh colony, Ameerpet, Hyderabad 4 Smt.V.Subbayamma W/o.Dr.V.Satyanarayana R/o.Plot No.72, Shivabagh colony, Ameerpet, Hyderabad 5 Sri V.Satyanarayana S/o.Late V.Bulli Satyam R/o.Plot No.72, Shivabagh colony Ameerpet, Hyderabad ..... PETITIONER(S) AND 1 The Principal SEcretary Revenue, Government of Andhra Pradesh, Secretariat, Hyderabad 2 The Mandal Revenue officer, Qutbullapur Mandal Ranga REddy District 3 Sri Guduru Narayana Reddy S/o.G.Manga Reddy R/o.Flat No.302, C Blcok, Vertex prestige Apts Nar Brundavan colony, Nizampet Road, JNTU Ranga Reddy District .....RESPONDENT(S) 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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 in passing the Order dated 5.2.2003 in Proceedings No.A1/2131/2003 as illegal, contrary to law arbitrary, and without any jurisdiction and pass Counsel for the Petitioner:MR.N.NARASIMHA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 23956 of 2008 28-04-2009 Oral Order: The writ petition is directed against the order of the 2nd respondent bearing proceedings No.A1/2131/2003 dated 05-02-2003 recording the name of the 3rd respondent in respect of land in an extent of Ac.01-06 guntas in survey No. 152 of Bachupally village, Qutbullapur Mandal, Ranga Reddy District. The order is purportedly passed by the 2nd respondent, in exercise of the power, authority and jurisdiction under Section 5 (4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’). Against the order of the 2nd respondent-- the Mandal Revenue Officer, an appellate remedy is available to the Revenue Divisional Officer concerned, which can be preferred within a period of sixty (60) days from the date of communication of the order. The petitioner states to have learnt about this order after receiving suit summons in O.S.No. 801 of 2008 filed by the 3rd respondent before the Court of learned II-Additional District Judge, Ranga Reddy District. If that be so, the petitioner may be entitled to file an appeal along with an appropriate application for condonation of delay, if any, on explaining the cause for delay in filing appeal, when it is filed. In the context of the availability of an effective and appellate remedy under Section 5 (5) of the Act, this Court is not inclined to consider the validity of the impugned order of the 2nd respondent. The writ petition is accordingly dismissed with liberty granted to the petitioner to pursue the available alternative remedy under the provisions of the Act. No costs. ____________________ GODA RAGHURAM, J Dated: 28-04-2009 Pvks