IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16951 of 2008 Between: 1 Sri Y. Hanumanthu, S/o. Hanumanna, Satywar Gram Panchayat, Makthal Mandal, Mahabubnagar District, R/o. Satyawar Village. 2 G. Rami Reddy, S/o. Hanumantha Reddy, Satywar Gram Panchayat, Makthal Mandal, Mahabubnagar District, R/o. Satyawar Village. 3 Basanth, S/o. Balappa, Satywar Gram Panchayat, Makthal Mandal, Mahabubnagar District, R/o. Satyawar Village. ..... PETITIONER(S) AND 1 The District Collector, Mahabubnagar, Mahabubnagar District. 2 The District Panchayat Officer, Mahabubnagar, Mahabubnagar District. 3 The Divisional Panchayat Officer, Narayanpet, Mahabubnagar District. 4 The Revenue Divisional Officer, Narayanpet, Mahabubnagar District. 5 The Mandal Parishad Development Officer, Manktha, Makthal Mandal, Mahabubnagar District. 6 The Mandal Revenue Officer, Manktha, Makthal Mandal, Mahabubnagar District. 7 The Station House Officer, P.S. Mandal, Mahabubnagar District. 8 The Superintendent of Police, Mahabubnagar, Mahabubnagar District. 9 The Satywar Grampanchayat, Sathawar Village, Makthal Mandal, Mahabubnagar District. Rep by its Panchayat Secretary 10 Sri Sudershan Reddy, S/o. Janardhan Reddy, R/o. Makthal Mandal, Mahabubnagar District. 11 Sri Venkateswara Reddy, S/o. Janardhan Reddy, R/o. Makthal Mandal, Mahabubnagar 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 in the nature of Writ of Mandamus, declaring the action of the respondents 1 to 9 in not taking appropriate steps against the respondents 10 and 11 herein by duly executing the lawful orders issued by the 2nd respondent in Proceedings No. A6/524/2008, dated 25- 4-2008 and the Notice dated 2-6-2008 as arbitrary, contrary to law and unconstitutional, by holding that the respondents 7 and 8 shall extent the necessary assistance to the 9th respondent for the purpose of executing the orders dated 25-4-2008 issued by 2nd respondent and his Notice dated 2-6-2008, and pass Counsel for the Petitioner:MR.T.SURYA KARAN REDDY Counsel for the Respondent No.: G.ELISHA( SC FOR ZPPS AND MPPS,TEL REG) The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16951 of 2008 ORAL ORDER The petitioners herein are the Sarpanch, Upa-Sarpanch and one of the members of Satyawar Gram panchayat, Makthal Mandal, Mahabubnagar District. It is stated that respondents 10 and 11 herein who had purchased Ac.4.00 of agricultural land situated in Sy.Nos.7,8,9 and 17 of Satyawar village from one Boya Hanumanthu, converted the same into non-agricultural land without obtaining any prior permission and that thereafter they demarcated the land into house plots and sold the same infavour of the third parties. The entire action of the respondents 10 and 11 being contrary to the provisions of the A.P.Gram Panchayat Land Development (Lay out and Buildings) Rules,2002 issued in G.O.Ms.No.67, dated.26-02-2002, the Gram panchayat in its meeting held on 29-03-2008 resolved to stop the illegal constructions in the land in question. Pursuant thereto a representation dated.31-03-2008 was made to the respondents 1 to 6 herein seeking appropriate action and consequently the 2nd respondent-the District Panchayat Oﬃcer, by memo dated. 25-04-2008 directed the Panchayat Secretary and the Extension Oﬃcer, Panchayat Raj and Rural Development to remove the boundary stones in the plots of lay out which were formed by respondents 10 and 11 contrary to the statutory rules and send the compliance report within ﬁve(5) days. However, the oﬃcers could not execute the said work in view of the resistance by the respondents 10 and 11, who are politically inﬂuenced. In the circumstances the Gram panchayat approached the respondents 7 and 8-police authorities requesting for police aid to execute the order passed by the 2nd respondent dated.25-04-2008. Alleging that the respondents 7 and 8 failed to take any action the present writ petition is filed. I have heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents. As per Section.139 of A.P. Gram Panchayat 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. Hence the respondents 7 and 8 are bound to extend the necessary assistance for implementation of the directions of the 2nd respondent dated.25-04-2008. The learned Government Pleader for Home under instructions submitted that as and when necessary information is received from the 9th respondent, who is the Panchayat Secretary the appropriate action will be taken in accordance with law for implementation of the directions of the 2nd respondent. Accordingly recording the submission of the learned Government Pleader for Home the writ petition is disposed of with a direction to respondents 7 and 8 to take appropriate action in accordance with Sec.139 of A.P.Gram Panchayat Act,1994 and extend the necessary assistance to the 9th respondent for the purpose of executing the order of the 2nd respondent dated.25-04-2008. No costs. _______________ G. ROHINI, J. Dt.18.10.2008 *T SNR