The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.8443 of 2002 Order: In this Writ Petition, the petitioners seek direction by way of Mandamus to the respondents not to evict them from the land in R.S.Nos.133, 134/1A and 137/1 of Dumpagadapa Village, Akiveedu Mandal, West Godavari District, and to grant pattas, in respect of coconut trees situated therein, in their favour. It is the case of the petitioners that some extent of the aforesaid lands was acquired by the respondents-authorities from the ancestors of the petitioners for the purpose of digging Upputeru canal and formation of bud. After completion thereof, some land out of the said acquired land was left unused. As the said land is situated adjacent to the petitioners’ lands in Survey Nos.134/1B, 2B, 3, 4, 135, 136, 137/2, 3, 4, 6, 7, 141/1, they have been using the said land by raising coconut trees therein and the second petitioner was also granted license therefor. It is their grievance that the respondents are trying to cut the coconut trees high-handedly and evict the petitioners from the lands in question without issuing any notice and by ignoring the license granted to the second petitioner. It is submitted by the learned Counsel for the petitioners that inasmuch as other petitioners also are entitled for grant of licenses for raising coconut trees, respondents cannot evict them as otherwise than by due process of law. In the counter-affidavit filed on behalf of the respondents, it is stated that the petitioners have encroached the Government Porumboke lands of Dumpagadapa Village, Akividu Mandal, as furnished below: R.S.No. Total Extent Classification PetitionersencroachmentExtent required for proposed road Trees to be removed 132/3 1.65 Cts. Upputeru 0.35 Cts. 0.31 Cts. --- 133 3.26 Cts. Road poramboke 1.05 Cts. 0.33 Cts. 13 134/1A 0.99 Cts. Upputeru PWD Drain 0.15 Cts. 0.06 Cts. 17 137/1 1.62 Cts. Tank poramboke 0.46 Cts. 2.01 Cts. 0.70 Cts. 30 While admitting the license granted to the second petitioner for planting trees, in the counter, it is stated that the license for planting trees would confer only limited rights to enjoy the usufructs thereof and by virtue of the said license, petitioners cannot get into possession of the lands in question as the same can be cancelled at any time. Admittedly, the lands in question were not assigned in favour of the petitioners and as such, they do not have any right to seek direction to the respondents not to evict them therefrom. However, as it is stated that petitioner Nos.1, 3 and 4 also applied for grant of tree licenses, it is open to the respondents to consider the same subject to fulfillment of the conditions for grant of tree license by petitioner Nos.1, 3 and 4. Keeping it open to the respondents to consider the case of petitioner Nos.1, 3 and 4 for grant of tree licenses, I dispose of the Writ Petition directing the respondents not to evict the petitioners as otherwise than by due process of law. No order as to costs. _________________ R.Subhash Reddy, J Dated 8th December, 2009 lur