HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16377 of 2008 Date : 20.10.2011 Between : Sajjala Narayana Swamy. …..Petitioner And The District Panchayat Officer, Anantapur & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16377 of 2008 ORDER : The petitioner, who is the Upa-Sarpanch of Grampanchayat, Kundurpi in Anantapur District, has filed this writ petition, seeking directions to the respondents to conduct auction for sale of usufruct of the trees existing in the land admeasuring Ac.2.40 cents in Sy.No. 252-1 of Kundurpi village and Mandal of Anantapur District. In the year 2005, when an attempt was made by the Secretary of Kundurpi Grampanchayat to auction the usufruct of the tamarind trees in the aforesaid survey number, two individuals by name Nallappaishgari Mallanna and Nallappaiah Gari Puttamma have filed a writ petition in W.P.No.12651 of 2005, claiming that their ancestors have planted the trees in the aforesaid land, and hence, they only are entitled to the usufruct of the said trees. This Court, by order dated 1st of February 2006, dismissed the said writ petition by recording a finding that the petitioners therein have claimed to have been granted tree patta, but in fact, no such patta was granted in their favour, and in that view of the matter, they do not have any right over the usufruct of the trees. As against the said judgment of a learned Single Judge of this Court, a writ appeal was preferred in W.A.No.385 of 2006, and a Division Bench of this Court has dismissed the said writ appeal by order, dated 13th of April 2006, observing that the land in Sy.No.252-1 is Government poramboke land and that the appellants therein do not have any right over the same. In this writ petition, it is the grievance of the petitioner that inspite of such a finding recorded by this Court, though there is usufruct of the trees every year, which will fetch an income of not less than Rs.20,000/- to the Grampanchayat, no auction is being conducted for sale of such usufruct. The Divisional Panchayat Officer, Dharmavaram has filed counter affidavit. While denying the allegations made by the petitioner and referring to the earlier proceedings and the orders of this Court, it is stated in the counter that there is a suit pending in O.S.No.210 of 2006 before the learned Junior Civil Judge, Kalyandurgam, and notices were also issued in I.A.No.659 of 2006 in the said suit, and in that view of the matter, no further steps are taken. From a perusal of the order of the learned Single Judge of this Court in W.P.No.12651 of 2005 and the order of the Division Bench in W.A.No.385 of 2006, it is clear that the aforesaid piece of land admeasuring Ac.2.40 cents in Sy.No.252-1 of Kundurpi village is a Government poramboke land. Though there is a claim of grant of tree patta in favour of third parties, in fact, no such patta has been granted. When there are fruit bearing trees in a Government land, there appears no reason at all to allow third parties, who have no right over such land, to avail the benefit of usufruct of the said trees. For the reasons mentioned above, I deem it appropriate to dispose of the writ petition, directing respondents 1 and 3 to take steps forthwith, to auction the usufruct of the fruit bearing trees in the land admeasuring Ac.2.40 cents, situated in Sy.No.252-1 of Kundurpi village of Anantapur District, either by themselves or by addressing the authorities concerned. Subject to the above direction, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 20th October 2011 ajr