Lebaka Srinivasulu Reddy v. The State Of Andhra Pradesh,
HON'BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.17457 of 2017 ORDER:
Heard learned counsel for the petitioners and also the learned Government Pleaders for Irrigation and Revenue respectively for the respondents and perused the material on record.
The prayer in the writ petition is the following: "To issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the respondents in conducting public auction to be held on 01.06.2017 for selling mango fruit bearings vide auction sale notice nil issued by the 4th respondent in respect of the petitioners land an extent of Ac.1-50 cents each in S.No.1 of Tirumalarajupeta village as illegal, arbitrary, highhanded and violation of Articles 14, 21 and 300-A of the Constitution of India though the interim orders granted in WPMP.No.24812 of 2013 in W.P.No.19739 of 2013 dated 09.07.2013 are subsisting and consequently direct the respondents not to conduct public auction of mango tree fruit bearings covered by the petitioners land an extent of Ac.1-50 cents each in S.No.1 of Tirumalarajupeta Village by setting aside the auction sale notice issued by the 4th respondent and pass such other order or orders."
The petitioners mainly relied upon the so called license pursuant to the revenue standing order No.19-B Paragraph 2 of the erstwhile standing orders of license granted for planting trees in the Government Poramboke, it was dated 18.02.1992. The conditions of the license are not in dispute. The first condition itself speaks the license does not confer any right over the land and no fence in and around the land can be raised by the license and the Tahsildar or Deputy Tahsildar got the power to remove the trees at any time without compensation and the license is
Dr. SSRB,J WP.No.17457 of 2017 subject to cancellation if the trees are not completely planted from the date of grant of license or are not properly looked after. The usufruct of the trees and the timber will be at the disposal of the licensee, subject to condition that in case trees which are usually taxed are replanted, the annual tax shall be paid in installments. When the trees come to bearing and if that shall be recoverable in case of default, under Section 32 of the Act II of 1864 (Revenue Recovery Act). No tree shall be cut when the previous permission of the Tahsildar or Deputy Tahsildar by the licensee. When the Tahsildar and Deputy Tahsildar removes a tree, it will be sold in public auction and proceeds to be paid to the licensee.
The license in case default in any of the conditions can be terminated or cancelled including by any superior authority and licensee is not entitled to any tree planted or for any improvements and the grantee should not claim any right or compensation at any time in case any damage due to floods or if the land is required by the Irrigation Department referring to G.O.No.2806, Revenue dated 05.12.1919, G.O.No.795 Revenue dated 29.04.1927, B.P.No.12 dated 03.02.1920 & B.P.No.28 dated 13.05.1927 and it is mentioned that the MRO, Penagalur, acted for and on behalf of and by the order and direction of Government of Andhra Pradesh in issuing the proceedings referring to G.O.Ms.No.1448 Revenue dated 15.12.1919 and B.P.Press 124 dated 14.11.1941.
Dr. SSRB,J WP.No.17457 of 2017 public auction and not entitled to claim any right much less to continue the trees, but for at the will and discretion of the licensor supra. Once such is the case, he cannot maintain a writ petition for larger reliefs, that too, when the Irrigation Department, who are the respondent Nos.1 to 4, want the land and it is one of the conditions of the license saying if the land required by the Irrigation Department, they can resume. Thus, having regard to the above, but for the entitlement of the present usufruct of the trees by the petitioners, the petitioners cannot oppose the resumption and if at all the respondents want to take existing trees, they have to pay value being determined by the Director, Agriculture Department or Horticulture Department, for the value of the trees to the petitioners at best.
Subject to the above, the Writ Petition is disposed of. In the event of the respondents determined to cut trees, the petitioners are entitled to the cut trees or the value of its firewood in the public auction pursuant to the conditions if any. Consequently, miscellaneous petitions, if any shall stand closed. No costs.
_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 02.06.2017 ska