HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.13488 of 2008 Date: 29-8-2011 Between Chikkala Kasi Visweswara Rao … Petitioner and The Gram Panchayat, Polamuru, Polamuru village, Penumantra Mandal, West Godavari district, Rep. by its Secretary and another … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.13488 of 2008 Order: This writ petition is filed seeking a direction by way of mandamus to declare the action of the respondents in excavating and removing the earth from the land by felling the coconut trees leased out to the petitioner situated on banks/bunds of Chalivendra Cheruvu Gattu, situated in Polamuru village, Penumantra Mandal, West Godavari district, without cancelling or terminating the lease and without issuing any notice as high-handed and unlawful. 2. It is the case of the petitioner that he is the lessee of Ac.2-00 out of Ac.7-00 of dry land called Puntha by way of lease from the Gram Panchayat of Polamuru. It is stated that at the time of granting lease in favour of the forefathers of the petitioner, only 20 coconut trees were there and they have raised nearly 100 coconut trees in the aforesaid land since then. In this writ petition, it is the grievance of the petitioner that without terminating the lease, which is granted to the petitioner or without issuing any notice to him, the respondents are trying to excavate and remove the earth from the land by felling the coconut trees illegally though the land is in possession of the petitioner by grant of lease. 3. In the Counter-Affidavit filed on behalf of the respondents, while denying the various allegations made by the petitioner, it is stated that the Gram Panchayat is removing the soil towards the eastern side of the tank, whereas the petitioner has paid the tree tax for the year 2006-07 for the trees situated towards the western side of the tank. As such, there is no cause for the petitioner to approach this Court. In the counter it is further stated that no lease was given to anybody as alleged. By paying the tree tax the petitioner is enjoying the usufruct of the trees. 4. In this writ petition, it is not necessary to go to the validity of the lease claimed by the petitioner. As much as it is stated in the Counter-Affidavit by the respondents that they are not removing the soil by felling the trees as claimed by the petitioner, I deem it appropriate to dispose of the writ petition, placing on record the statement made by the Gram Panchayat to the effect that they are removing the soil only from the eastern side of the tank but not from the area where coconut trees are existing, for which tree tax is paid by the petitioner. 5. However, it is made clear that if the possession of the petitioner over the land is found not under granted lease and if he is in illegal occupation of the same, this order will not preclude the respondents to take steps for eviction of the petitioner in accordance with law. 6. Subject to the above directions, the writ petition is disposed of. In consequence, the interim direction granted on 26-6-2008 in W.P.M.P.No.17401 of 2008 shall stand vacated. No costs. _______________________ R.SUBHASH REDDY, J. 29th August, 2011. Ak HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.13488 of 2008 29th August, 2011. (Ak)