SHETHNA, J. - (1.) THE petitioners who are residents of Rajaldesar have filed this petition and prayed that respondent No. 1 Municipal Board, Rajaldesar be directed to perform its primary duty as provided under Section 98 of the Rajasthan Municipalities Act by removing the illegal encroachments made by the undesired anti-social elements on the public streets of Rajaldesar town. In response to the notice issued by this Court the respondent municipality has filed the reply-affidavit wherein it has been stated that "the municipality is keen for removing the encroachments but, in the absence of the appropriate assistance from the police authorities, it is not possible for it to remove the encroachments as there is possibility or likelihood of breach of peace. " It is further stated in the reply-affidavit that the municipality had already written to the Collector, Superintendent of Police and concerned Police Station but, inspite of repeated requests, no assistance was provided to it for removing the illegal encroachments, therefore, it is totally helpless. It is also stated in the reply-affidavit that the Superintendent of Police in his reply stated that unless and until a Magistrate is appointed no police assistance can be given.
(2.) THIS is absolutely shocking. It is the primary duty of all public-bodies to discharge their functions in accordance with law and for discharging their functions, if they need assistance of the police, then it is the duty of the police to provide such immediate help to the public bodies. In my opinion, the then Superintendent of Police had no business to write such letter to the respondent municipality to first appoint a Magistrate and, thereafter only, the assistance as asked for can be provided. If there is an encroachment on public premises and if the municipality wanted to remove it with the assistance of the police then it is the duty of the police to provide such assistance so that while removing the encroachment there may not be any breach of peace. In this petition, the State of Rajasthan is also respondent No. 2 but it has not chosen to file any reply-affidavit so far. This is a petition of 1993 and after a period of almost seven years it would be meaningless for this Court to wait for the reply of the State. Therefore, the learned Addl. Advocate General who is present in the Court was asked to appear for the respondent State. When these facts were brought to the notice of Shri R. L. Jangid, learned Addl. Advocate General then he was also shocked to know that the police was not providing assistance to the respondent Municipality and he assured that in future as and when any public-body would ask for such assistance they shall immediately provide it without any ifs and buts. In view of the above, this petition is allowed and the respondent Municipal Board, Rajaldesar is directed to remove the illegal encroachment made by unauthorised persons on the public streets of Rajaldesar town immediately with the assistance of the police. As and when the respondent Municipality asks for the assistance of the police for removing such encroachments then the concerned police authority of Rajaldesar town shall immediately extend such assistance to remove the encroachments from public streets or public places of Rajaldesar town. A copy of the order be sent to the Chief Secretary of the State for taking appropriate action in the matter so that in future for such relief the citizens of the State are not forced to approach this Court by way of writ petition. It is hoped and trusted that the Chief Secretary will bring it to the notice of the Director General of Police about this who, in turn, will issue necessary instructions to his subordinate Officers all over the State to the effect that in future as and when any public-body makes a request to the police then without wasting any time on any ground it shall extend its help and assistance to such public-bodies to get rid of such public nuisance. With these observations and directions, the petition is allowed. A copy of this order be also given to Shri R. L. Jangid, learned Addl. Advocate General for doing the needful immediately. . ;