'Can't Grant Relief Beyond Pleadings': AP High Court Sets Aside Status Quo Order On Mutation Entries, Says No Such Prayer Was Made
Granting partial relief in a land dispute, the Andhra Pradesh High Court held that a court cannot grant relief beyond the pleadings by directing parties to maintain status quo regarding mutation entries when no such relief has been sought in the writ petition.
The Court, however, reiterated that no person can be dispossessed except by following due process of law.
Allowing the writ appeal in part, the Division Bench of Justice Ravi Nath Tilhari and Justice Subhendu Samanta set aside the Single Judge's direction directing maintenance of status quo over mutation entries in the revenue records.
The Bench observed:
"The settled legal proposition, therefore, is that a Court ought not to grant a relief which has not been prayed in the writ petition being beyond the scope of the writ petition.
We find that the writ petition did not contain any prayer relating to the mutation entries nor a prayer for maintaining status quo with respect to the mutation entries pending disposal of the statutory appeal.
Consequently, we are of the view that the part of the judgment pertaining to the directions issued by the learned single Judge to maintain status quo in respect of the mutation entries cannot be legally sustained. The same is accordingly, set aside to that extent."
The dispute arose out of competing claims over assigned land. The writ petitioners challenged an order deleting the land from the prohibited properties list under Section 22A of the Registration Act, 1908, alleging that it had been passed without notice to them.
Pending their statutory appeal, the writ petitioners approached the High Court alleging attempts to evict them without following due process of law and sought protection against dispossession.
The Single Judge directed the statutory appellate authority to decide the pending appeal within four months and, meanwhile, ordered the parties to maintain status quo regarding mutation of names in the revenue records.
Aggrieved, the private respondent in the writ petition challenged only the direction relating to mutation entries. He argued that the writ petition sought protection only against dispossession and contained no prayer regarding mutation. He further submitted that mutation had already been effected in his favour to a certain extent and that the civil court had granted him an ad interim injunction protecting his possession.
The principal issue before the Division Bench was whether the Single Judge could direct maintenance of status quo regarding mutation entries despite the absence of any such prayer in the writ petition.
Accepting the appellant's contention, the High Court held that the Single Judge had granted a relief beyond the pleadings and set aside the direction regarding mutation entries.
At the same time, it observed that the dispute over possession was already pending before the civil court and the parties should work out their remedies there. Pending such proceedings, the Court directed that, if the writ petitioners were in possession, they should not be dispossessed except by due process of law. It clarified that it had expressed no opinion on which party was in possession.
Accordingly, the Court set aside the direction to maintain status quo regarding mutation entries. It granted the writ petitioners three weeks to approach the trial court for appropriate relief.
During this period, if they were in possession of the property, they could not be dispossessed except by due process of law. The Court also directed the statutory appellate authority to expeditiously decide the pending statutory appeal.
Case Title: V. Chandrasekhar Naidu v. E. Muneendra & Ors.
Case No.: Writ Appeal No. 684 of 2026
Counsel for the Appellant: Sri Kondaparthy Kiran Kumar
Counsel for the Respondents: Ms. Maheswari Arika; Government Pleader for Revenue & GP for Assignment