IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12485 of 2004 Between: Jasbir Sing Gill S/o Late Malkit Singh Residing at Flat No.C-2 Sea Surf Apartments Beach Road, Visakhapatnam ..... PETITIONER AND 1 The Commissioner of Police Visakhapatnam City Visakhapatnam. 2 The Station House Officer Gazuvaka Law and Order Police Station, Main Road, Gazuvaka, Visakhapatanm 3 The Station House Officer Gazuvaka Crime Police Station, Peda Gantyada, Visakhapatnam. 4 The Station House Officer III Town Police Station Waltair, Waltair Road, Visakhapatnam. 5 V.K.Chowdhary D.No.52-14-77/1, Near Rasuvanipalam OPP: Bullaiah College, 1st Floor, AP.S.F.C. Building, Visakhapatnam. .....RESPONDENTS 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 issue a writ of Mandamus or any other appropriate writ or direction declaring the action of respondent 2 to 4 in interfering in a civil dispute between the petitioner and the 5th respondent as illegal arbitrary and without jurisdiction and consequently direct the respondents not to interfere in a Civil dispute. Counsel for the Petitioner: MR.O.MANOHER REDDY Counsel for Respondent Nos.1 to 5: GP FOR HOME Counsel for Respondent No.5: --- The Court made the following ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the alleged action of respondents 2 to 4 in interfering with the civil dispute between the petitioner and fifth respondent as arbitrary, illegal and without jurisdiction. In the affidavit filed in support of the writ petition, it is stated that the petitioner is a transport contractor and running business in the name and style of M/s. Petro Chemical Carriers, Fleet Owners, Transport Contractor and consultants at Visakhapatnam. The fifth respondent is the director of M/s. Hemadri Chemicals Limited, who purchased coal tar pitch from Visakhapatnam steel plant and after getting it processed sends the same to NALCO Angul at Orissa for the purpose of transportation. The fifth respondent approached the petitioner in the month of December 2003 for transportation of the liquid coal tar pitch from the factory to NALCO Angel at Orissa. In that regard, there was an oral agreement with regard to the terms of payment and thereafter the petitioner started transporting the material belonging to the company of which, the fifth respondent is the director. It is alleged that the fifth respondent having utilized the services of the petitioner failed to make payments regularly and therefore the petitioner was constrained to make demand for the amounts due to him and to settle the accounts. The fifth respondent in stead of paying the amounts, seems to have given a complaint to the second respondent Station House Officer, Gazuwaka Law and Order Police Station, Visakhapatnam and in pursuance thereof, the petitioner was called for enquiry. It is further alleged that the fifth respondent, who is highly influential has again made a complaint to respondents 3 and 4 and though in the said complaint no offence has been made out, respondents 2 to 4 are calling the petitioner to Police Station and making him to sit throughout the day. Though, the petitioner made a representation to the first respondent Commissioner bringing the said facts to his notice on 25-6-2004, in pursuance of which, the third respondent was directed to look into the matter, respondents 2 to 4 continued to call the petitioner to the police station on the ground of investigation. On the basis of the above allegations this writ petition is filed stating that since the dispute between the petitioner and the fifth respondent is being purely of a civil in nature, the action of respondents 2 to 4 in interfering with the same and harassing the petitioner is arbitrary and illegal. After service of notice the second respondent, the Sub-inspector of Police, Gazuwaka Law and Order Police Station, Visakhapatnam, filed a detailed counter affidavit denying all the allegations made by the petitioner. He has stated that the fifth respondent made a written complaint before the second respondent police station on 18-6-2004 complaining that the petitioner has not reported with his tankers for loading their material to NALCO since 13-6-2004 and requested to register a case against the petitioner and to investigate the same. On receipt of the above complaint the same was entered in the General Diary of the Police Station and the matter was enquired with the petitioner during which the petitioner denied the said allegation and produced a copy of the receipts of consignments issued by NALCO. Accordingly no action was taken by the police on the complaint dated 18-6-2004. It is also stated that the police have nothing to do with the civil dispute between the petitioner and the fifth respondent and that no complaint, other than the complaint dated 18-6- 2004, was made against the petitioner by the fifth respondent. The allegation that the second respondent has been calling the petitioner to the police station and making him to sit throughout the day has been denied. The other allegations of in action made against the respondents 3 and 4 have also been specifically denied. In the light of the averments made in the counter affidavit of the second respondent denying all the allegations made by the petitioner stating that except conducting enquiry once with the petitioner in respect of complaint dated 18-6- 2004, the petitioner was never called to the police station nor harassed at any point of time, this writ petition does not deserve any adjudication. Accordingly recording the statement of the second respondent that the respondents 2 to 4 are not interfering with the civil dispute between the petitioner and the fifth respondent, the Writ Petition is closed. No costs. _____________________ G. ROHINI, J. 6th August, 2004. Js. ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1 The Commissioner of Police Visakhapatnam City Visakhapatnam. 2 The Station House Officer Gazuvaka Law and Order Police Station, Main Road, Gazuvaka, Visakhapatanm 3 The Station House Officer Gazuvaka Crime Police Station, Peda Gantyada, Visakhapatnam. 4 The Station House Officer III Town Police Station Waltair, Waltair Road, Visakhapatnam. 5 V.K.Chowdhary D.No.52-14-77/1, Near Rasuvanipalam OPP: Bullaiah College, 1st Floor, AP.S.F.C. Building, Visakhapatnam. 6 Two CCs to G.P. for Home, High Court Buildings, Hyderabad. 7 2 CD copies.