Ashok Bhushan, Ag.C.J.
Heard learned counsel for the petitioners and learned Government Pleader.
2. The petitioners by this writ petition have prayed for a mandamus directing the 4th respondent to provide adequate protection to the petitioners and their workers to carry out demolition of compound wall, so as to remove the encroachment into the lake, pursuant to Ext.P3 order.
3. By Ext.P3 order, the Revenue Divisional Officer (for short 'RDO') submits that action has to be taken on the complaint against lake encroachment by way of construction of laterite wall, by filling it with sand on the portion of the lake and the complaint was forwarded to the Panchayat along with the report of Village Officer. By the said order, RDO directed the Panchayat to take over the puramboke property into Government custody. The Village Officer, after inspecting WP(C) No. 27612 of 2014 -:2:-
the site, reported that there is lake encroachment and in order to restore the same, follow up action is to be taken by removing the illegal encroachment.
4. Panchayat has filed a counter affidavit wherein it is stated that they have received Ext.P3 order. Panchayat has also noted the direction to evict the unauthorised encroachers from the public property. It is also stated that the petitioners were not the persons who are responsible for implementation of the directions contained in Ext.P4 notice and they are not in any way connected with the present proceedings.
5. In view of the above facts and circumstances we are of the view that no direction can be issued as prayed for by the petitioners. We, however, observe that it shall be open for the Panchayat to take appropriate action as per the directions issued by the RDO and in that context the Station House Officer concerned shall also provide appropriate police protection to the Panchayat.
WP(C) No. 27612 of 2014 -:3:-
With the above observation, the Writ Petition is closed.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
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