IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5945 of 2011 Between: Gram Panchayat, Ramavaram Anaparthi Mandal, East Godavari District. ..... Petitioner AND State of A.P., rep., by its District Collector (Panchayat Wing), East Godavari at Kakinada & others. .....Respondents Counsel for the petitioner: Sri N. Siva Reddy Counsel for respondents 1-3: AGP for Panchayat Raj Counsel for respondent No.4: AGP for Home The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5945 of 2011 ORDER: This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in giving assistance to the petitioner for removing the encroachments of Gram Panchayat site admeasuring Ac.0.27 cents in R.S.No.227/1 of Ramavaram panchayat limits, Anaparthi Mandal, East Godavari District, as illegal and arbitrary. I have heard the learned counsel for the petitioner and the legal trainee representing the learned Government Pleader for Home. It is the pleaded case of the petitioner that the land, referred to above, was being used as open public latrines for several decades, that after the Government of India announced the policy of eradication of manual scavenging and rehabilitation of scavengers, the Parliament has enacted Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and that the open latrines in the villages are ordered to be demolished by the Government. The petitioner further pleaded that pursuant to the said decision, it has demolished the public latrines situated in the site in question and constructed closed toilets (Sulabh Complex Toilets) for the women folk. It is further averred that the residents of the neighbouring S.C. colony have represented to the petitioner to allot the said open latrine site for construction of Anganwadi building and that some of the land grabbers have hatched a plan to encroach the said site by raising temporary structures through their henchmen. The petitioner averred that when a group of persons have trespassed into the said site and raised temporary huts, the Panchayat Secretary approached the police on 07.06.2010 by lodging a report to the Station House Officer, Anaparthi and requested them to provide police aid for removal of the encroachments. The police are stated to have received the said complaint on 09.06.2010 and as no action was taken thereon, the Panchayat Secretary addressed a letter on 10.06.2010 to respondent No.2, wherein he has made a request to provide police protection for eviction of the encroachers. The petitioner further averred that the Panchayat Secretary has also lodged a report to respondent No.4 requesting him to provide protection for removal of the encroachers. The grievance of the petitioner is that despite the said requests, respondent No.4 has not cooperated with it as a result of which the former is unable to evict the encroachers. In Gram Panchayat, Koppavaram, Anaparthi Mandal, East Godavari District, rep., by its Sarpanch vs. State of A.P., rep., by District Collector (Panchayat Wing), E.G. District and others[1] this Court held that under Section 139 of the A.P. Panchayat Raj Act, 1994, every police officer, in whose jurisdiction the village is situated, shall be bound to assist the Gram Panchayat and officers and servants in the exercise of their lawful authority. At the hearing, the legal trainee representing the learned Government Pleader for Home stated that on two earlier occasions respondent No.4 has given police protection to the petitioner and that even now they are prepared to give such protection as and when required by the petitioner. As it is the statutory obligation on the part of respondent No.4 to assist the petitioner in removing the encroachers under Section 139 of the A.P. Panchayat Raj Act, 1994, respondent No.4 has no option other than rendering the required assistance to the petitioner for removal of the encroachers. Subject to the above observation, the Writ Petition is allowed. The petitioner is permitted to make a representation to respondent No.4 seeking police assistance. On receipt of such representation, respondent No.4 shall render necessary help to the petitioner for eviction of the encroachers. As a sequel to disposal of the Writ Petition in the manner indicated above, WPMP No.7390 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 17.03.2011 ES [1] 2011 (1) ALT 17