THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.17915 of 2007 ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondent in taking steps to conduct auction of leasehold rights of fodder grass and usufruct of Palmyra, Mango and Coconut Trees situated on the petitioners’ lands admeasuring Ac.0.09 cents and Ac.0.08 cents covered by Survey Nos.624/2 and 624/3 respectively of Pippara Village, as illegal and arbitrary. It is the case of the petitioners that they are owners and possessors of the aforesaid lands by virtue of grant of pattas issued to them by the Tahsildar, Ganapavaram, vide proceedings in L.D.Nos.2/1412 and 1/1412(A), dated 05.09.2002, as per proceedings in R.O.C.No.E3/1769/2001, dated 10.08.2002. It is stated that the said assignments were made in favour of the petitioners on their payment of market value and it was mutated in the revenue records. In this writ petition, it is the grievance of the petitioners that in the aforesaid lands, there are standing trees, namely, Mango, Coconut and Palmyra and though the lands in question were already transferred in their favour by grant of pattas, the respondent Gram Panchayat is taking steps to sell the usufruct of the same. In this writ petition, at the stage of admission, this Court passed interim order directing the respondent not to take steps for auction of leasehold rights of fodder grass and usufruct of palmyra, mango and coconut trees situated on the lands in question, provided the assignment in favour of the petitioners is subsisting. Though the writ petition is of 2007, no counter-affidavit is filed so far and the interim order passed by this Court continued all along. Along with the writ petition, the petitioners have filed xerox copies of D-Form pattas given to them vide proceedings bearing L.D.Nos.2/1412 and 1/1412(A), dated 05.09.2002, from a perusal of which, it is clear that the lands in question covered by Survey Nos.624/2 and 624/3 were assigned to the petitioners on payment of market value. If the said lands are already transferred by way of assignment in favour of the petitioners, it is not known on what basis the respondent Gram Panchayat is taking steps to auction the leasehold rights of fodder grass and usufruct of palmyra, mango and coconut trees situated on it. In the absence of any counter-affidavit filed by the respondent, taking into account the fact that the D-Form pattas were issued to the petitioners in respect of the lands in question, I deem it appropriate to direct the respondent not to take any step for auction of the leasehold rights of fodder grass and usufruct of the trees existing on the lands of the petitioners provided such assignment is in force as on today. Subject to the above directions, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 22nd NOVEMBER, 2011. kvni