THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.318 of 2011 Date:25.04.2011 Between: E.V.Subba Rao ..... Petitioner AND P.L.S. Seshacharyulu .....Respondent Counsel for the Petitioner: Smt. Sridevi, for Sri P.Laxma Reddy Counsel for Respondent: Sri G.Elisha, standing counsel for Gram Panchayats The Court made the following: ORDER: This Contempt Case is filed alleging wilful disobedience of the order dated 14.12.2010 in W.P.No.24326 of 2010. The petitioner herein filed the said writ petition for a mandamus to declare the inaction of the respondent, on the petitioner’s representation dated 16.08.2010, in removing the encroachment on the road margin in between the petitioner’s house situated at Akkireddygudem Village, Galayagudem Gram Panchayat Limits and public gravel road leading from Eluru to Jangareddygudemn main road as illegal and arbitrary. This Court by the abovementioned order, while disposing of the writ petition, directed the respondent to consider the grievance of the petitioner and take appropriate action in accordance with law within a period of four weeks from the date of receipt of the said order. Alleging that this order is not complied with, the present contempt case is filed. A counter-affidavit has been filed by Sri P.L.N.Seshacharyulu, Panchayat Secretary of Galayagudem Gram Panchayat, Dendulur Mandal, West Godavari District, wherein it is inter alia stated that immediately on receipt of the order of this Court on 08.01.2011, he has prepared a note and placed the same before the Gram Panchayat Committee; that on 13.01.2011 the Gram Panchayat held a general body meeting and passed resolution No.192 resolving to remove the thatched shed erected by Harijans of the said Village in front of the petitioner’s house and that the same was communicated to the petitioner. It is further averred that a letter was addressed to the Tahsildar with a request to him to get the land surveyed by paying challan of Rs.250/- and also to provide Police aid for removing the thatched shed, a copy of which was submitted to the S.I. of Police, Dendulur Police Station. He has further stated that besides the above action, the respondent has also approached the Assistant Government Pleader at Eluru for legal opinion, who has also given his opinion for removal of the thatched shed. It is further stated that as midday meal scheme is being carried on in the thatched house, some of the villagers are obstructing the respondent in the removal of the thatched house and that therefore, he has again addressed letter dated 10.03.2011 to the Tahsildar requesting him to provide Police aid for removal of the thatched house. The measures enumerated in the counter-affidavit referred to above would show that the respondent has taken prompt steps for removal of the thatched shed. As rightly submitted by the learned counsel for the petitioner under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, it is the bounden duty of the Police to give aid in carrying out the lawful duties by the Gram Panchayat. If the petitioner has any grievance on that score, he can seek appropriate direction to the Police in a separate proceeding. In my opinion, it cannot be said that mere delay on the part of the respondent in removing the encroachment will ipso facto constitute deliberate violation of the order of this Court. For the aforementioned reasons, the Contempt Case is dismissed, however, with liberty to the petitioner to seek an appropriate direction to the Police by availing appropriate remedy. ________________________ C.V.NAGARJUNA REDDY, J 25th April, 2011 GHN