HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 2146 OF 2011. DATED 4th February, 2011 BETWEEN M.Mukesh Singh and ors …Petitioners and The District Collector, Hyderabad District and ors. ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 2146 OF 2011. ORDER: The petitioners have prayed for a mandamus to declare the action of the respondents in entering and digging the soil in the guise of removal of illegal debris in their lands admeasuring 23 guntas in Sy.No. 60, 33 guntas in Sy.No. 61/A and 22 guntas in Sy.No. 61/AA, totaling to Ac.1.38 guntas, situate in Ward Nos. 183 and 192, Blocks-B and K of Baghlingampally, Himayatnagar Mandal, Hyderabad, without giving any notice and affording an opportunity of hearing, as illegal and arbitrary and contrary to the orders of this Court dated 2.12.2010 in Writ Petition No. 25799 of 2010. It is submitted by the learned Counsel for the petitioners that earlier, the petitioners have filed Writ Petition No. 25799 of 2010, which was disposed of by order dated 2.12.2010, whereunder, this Court observed as under: “Be that as it may, as the petitioners have undertaken that they will not carry on any activity other than raising grass and horticulture over the patta lands, the writ petition is disposed of with liberty to the respondents to take appropriate action in accordance with law, if and when the petitioners seek to convert the nature of the land into any other form for the purpose of raising construction or indulge in activities other than agricultural, raising grass and horticulture. If the petitioners are found encroaching any part of the Government land, the respondents are permitted to initiate appropriate proceedings in accordance with law for their eviction.” It is submitted by the learned Counsel for the petitioners that the contractor of the fourth respondent started digging the soil in the subject lands, for the purpose of removing the debris from river Moosi in Kachiguda division, without any notice or without informing the petitioners. The learned Standing Counsel for respondents 4 and 5, however, submits that the petitioners are throwing debris from their land into the river Moosi, as a result of which, the water in the river is getting polluted and therefore, the respondents are taking steps only for the purpose of removing debris either from the lands of the petitioners or from the government lands. The learned Government Pleader appearing for respondents 1 and 2 submits that the petitioners were allotted the subject land only for the purpose of raising gross and horticulture. After hearing the learned Counsel appearing for the parties, this Writ Petition is disposed of with a direction that the respondents 4 and 5 may remove the debris either from the river bed of Moosi or government lands or petitioner’s lands. It is made clear that after removal of debris, the respondents shall not enter into the petitioners’ lands, without following due process of law. Further, it is made clear that respondents shall not disturb the agricultural activities of the petitioners over the subject land. There shall be no order as to costs. ------------------------------------ -- JUSTICE ASHUTOSH MOHUNTA Dated 4th February, 2011. Note:CC by Monday (BO) Msnro