IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JUNE, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8010 of 2000 Between: Pernati Ranga Reddy and another. … Petitioners And The District Collector, Nellore, Nellore District and two others. … Respondents Counsel for the petitioners: --- Counsel for respondents: AGP for Revenue. This Court made the following: ORDER: This Writ Petition is filed for a Writ of Mandamus to declare the action of the respondents in interfering with the petitioners’ possession and enjoyment of the usufruct of trees, including palmyra trees, standing on the ridges of Survey Nos.82/1,2,5.7 and 8 and Survey Nos.73/9,76/3,76/4 and 122 of Allampadu village, Kota Mandal as illegal and arbitrary, and, consequently, direct the respondents not to interfere with the possession and enjoyment of usufruct of the trees standing on the ridges of the petitioners’ patta lands. At the hearing, there is no representation for the petitioners. Heard the learned Assistant Government Pleader for Revenue and perused the record. The grievance of the petitioners, as reflected in the averments contained in their affidavit, is that the respondents are interfering with the right of the petitioners to enjoy the usufruct of palmyra and other trees standing on the ridges of their patta lands abutting the supply channel of Allampadu tank. In the counter-affidavit filed on behalf of respondents 1 and 2, respondent No.1 stated that the channel covered by Survey Nos.78, 79, 74 and 75 of Allampadu village is passing through the petitioners’ patta lands; that when certain persons belonging to Scheduled Caste tried to interfere with the petitioners’ enjoyment of the usufruct of the trees standing on the ridges, the petitioners filed O.S.Nos.3 of 1997, 1 of 1997 and 2 of 1997 respectively in the Court of the District Munsif, Kota, and obtained interim injunction orders. While the claim of the petitioners that the lands mentioned in the above Survey Numbers are their patta lands is admitted, respondent No.1 stated that the trees are on the ridges and whether the ridges, on which the trees are in existence, fall within the petitioners’ patta lands or not is required to be adjudicated by conducting survey. From the above averments contained in the counter-affidavit it is evident that there is a serious dispute between the petitioners and certain persons belonging to Scheduled Caste and civil suits are pending. The question whether the palmyra and other trees are situated within the patta lands of the petitioners or not being a disputed question of fact, the same could be conveniently gone into in the pending suits. In this view of the matter, the Writ Petition is disposed of with liberty to the petitioners to pursue the pending suits. --------------------------------------- - C.V.NAGARJUNA REDDY, J Date:10-07-2008 MNR