THE HON’BLE SRI JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.16266 of 2003 Date: 06.02.2008 Between: 1. Jakumukala Hanumantha Reddy and others ……PETITIONER(S) a n d 1. The Gram Panchayat, Represented by its Panchayath Secretary, Jagamguda village, Shameerpet Mandal, R.R.District and another ……RESPONDENT(S) THE HON’BLE SRI JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.16266 of 2003 ORDER: Questioning the auction notice dated 02.08.2003 issued by the first respondent Panchayat proposing to auction the trees in Thota Bavi, petitioners filed this petition. 2. The case of the petitioners is that they who are in occupation of Ac.0.33gts of land forming part of Grama Kantam in Jaggamguda village of Shameerpet Mandal had filed O.S.No.370 of 1996 on the file of the Court of the Principal Junior Civil Judge, Ranga Reddy District, seeking declaration of their title to that land and consequential injunction and that the Court by its judgment dated 02.07.1999 declared them to be the owners of that land, and directed regularization of their title by collecting the market value fixed by the respondents, and as the District Collector was not fixing the market value, they filed W.P.No.1526 of 2003 which was disposed of on 17.02.2003 giving a direction to the Collector and the Mandal Revenue Officer to fix the market value as directed by the Civil Court and intimate the same to them within a period of eight weeks and so the first respondent has no right to auction the trees in that land. 3. On 04.08.2003 when the writ petition came up for hearing, a learned Judge while posting the case to 11.08.2003, granted stay of operation of impugned auction notice dated 02.08.2003 pending further orders and that interim order is continuing till today. 4. Though the case is of the year 2003, no counter affidavit is filed by the respondents. 5. Heard the learned counsel for petitioner. There is no representation on behalf of respondents. 6. Since the impugned notice does not disclose the survey number or location of the land in which the trees are to be auctioned, but only says that the trees in Thota Bavi are being put to auction, if the said trees are in the Ac.0.33gts of land covered by O.S.No.370 of 1996, first respondent has no right to put to auction those trees in view of the decree of the trial Court and direction of this Court in W.P.No.1526 of 2003. If those trees are not within the boundaries of Ac.0.33gts of land, respondents are at liberty to put them to auction. 7. With the above clarification and direction, the writ petition is disposed of. No order as to costs. -------------- 06.02.2008 Cvrk