IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 9320 of 2008 Between: The Grampanchayat Konraopet Village, Metpally Mandal, Krishna District, ..... PETITIONER AND 1 The Superintendent of Police, Karimnagar District, at Karimnagar. 2 The Deputy Superintendent of Police. Jagtial, Karimnagar District. 3 The Sub-Inspector of Police, Metpally Police Station, Karimnagar District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to To issue an order or direction more particularly one in the nature of wrti of mandamus or any other approppriate writ order or direction declaring the action of the respondent no 2 and 3 in not providing police force for removing the illegal, construction which are being made in ward No.1 and 4 of the village of Konraopet of Metapllay Mandal, Karimnagar District considering the representation submitted by the petitioner dated 29-2-2008 as arbitary, illegal, null and void and violative of Articles 14,19,and 21 of the constitution of India, consequently direct the respondents No.1 to 3 to provide police force for removal of the illegal construction which are made in ward No.1 and 4 of the village of Konrnopet of Metapllay Mandal Karimnagar District considering the representation submitted by the petitioner dated 29-2-2008 and to pass such other order or orders as this Hon'ble court may deem ﬁt and proper in the interest of justice. Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.9320 OF 2008 ORDER The Gram Panchayat, Konraopet village ﬁled this writ petition seeking a declaration that the action of the respondents 2 and 3 in not providing police force for removing the illegal constructions made by the respondents 4 and 5 in Ward.Nos.1 and 4 of Konraopet, as arbitrary and illegal. It is stated that having noticed the illegal constructions made by the respondents 4 and 5 though the Gram Panchayat issued notices on 12-12-2007, the respondents 4 and 5 failed to respond and went on with the said constructions. In the circumstances in the General Body Meeting held on 14-12-2007 the Gram Panchayat passed an unanimous resolution to remove the said unauthorized constructions. Pursuant thereto, the Sarpanch of the Gram Panchayat made a representation dated.16-02-2008 requesting the 3rd respondent herein to extend the necessary police aid for removing the unauthorized constructions. Since there was no response, the petitioner made another representation dated. 28-02-2008 to the 2nd respondent-Deputy Superintendent of Police. Having considered the same the 2nd respondent directed the 3rd respondent to examine the issue and take action as per law. Alleging that in spite of such directions the 3rd respondent failed to take any action the present writ petition has been filed. A counter-aﬃdavit has been ﬁled by the Sub-Inspector of Police, Metpally P.S. stating that the required police assistance could not be extended since the petitioner-Gram Panchayat did not inform the exact date and time of the proposed demolition. The 3rd respondent also assured that police protection would be provided as and when the petitioner intimates the respondents the exact date and time of demolition. Despite notice the respondents 4 and 5 did not choose to appear. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home appearing for the respondents 1 to 3. It is relevant to note that as per Section.139 of A.P. Panchayat Raj Act,1994 every police oﬃcer in whose jurisdiction the village is situated, is bound to assist the Gram panchayat and its oﬃcers and servants in the exercise of their lawful authority. Having regard to the statutory provision under which the respondents 2 and 3 are bound to extend the assistance to the petitioner- Gram panchayat and keeping in view the assurance given by the 3rd respondent in his counter-aﬃdavit, the writ petition is disposed of with a direction to the respondents 1 to 3 to provide the assistance as sought by the petitioner-Gram panchayat in accordance with law. No costs. _____________ G.ROHINI,J 6th November,2008 Note: Issue CC in Three days. (B/O) *TSNR