THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.536 of 2011 DATED: 21-01-2011 Between: Ahmed Nooruddin ..... PETITIONER And The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Hyderabad, and 2 others. .....RESPONDENTS ORDER: Petitioner is aggrieved by the action of the 3rd respondent in asking the 2nd respondent, vide letter dated 12.01.2011, to take steps for demolition of the petitioner’s property bearing Municipal No.19-5-16/2/37/1/D, admeasuring 266 sq.yards situated in M.O.Colony, Bahadurpura Mandal, Hyderabad District, situated in Town Survey No.14, Block-F, Ward No.241. 2. Learned counsel for the petitioner submits that the petitioner has not made any encroachments on any part of the Government land and that it was incumbent for the respondents to issue notice to the petitioner before demolishing the construction raised by him. 3. On the other hand, learned Government Pleader for respondents submits that the petitioner is trying to raise construction on the Moosi river but the same was stopped as the District Collector deputed demolishing squad for removal of the encroachments in the Moosi river as it comes under water bodies. He further submits that the Lokayukta in Complaint No.378/2008/B1 dated 13.07.2010 had passed orders for removing the structures put up over the Moosi river to enable free flow of water in the Moosi river. 4. Prima facie, it appears that the petitioner has raised structures over the Moosi river, which resulted obstruction to the free flow of water and hence, the construction raised by the petitioner has rightly been demolished. Therefore, the respondents are well within their jurisdiction to stop any illegal construction being raised by the petitioner. However, in case the respondents intend to take over possession of the land, which is under the possession of the petitioner, then they have to issue prior notice before initiating any further proceedings for his eviction. It is always open for the respondents to restrain the petitioner from raising any construction on the Moosi bed land. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. __________________________ ASHUTOSH MOHUNTA, J 21st January, 2011 Tsy/MR