IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :22446 of 2007 Dated: 18th January 2008. Between: M. Ramu Naik, S/o Tavuria Naik, Aged about 42 years, Occ: General Secretary, Girijan Seva Sangham, Koilkonda, R/o Keshavapuram, Raju Naik Tanda, Post Malkapur, Koilkonda Mandal, Mahaboobnagar District. ..... PETITIONER AND The Superintendent of Police, Mahaboognagar District, Mahaboobnagar and others. .....RESPONDENTS THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.22446 OF 2007 ORAL ORDER: This writ petition has been instituted soliciting a writ of mandamus to declare the inaction of the respondents 1, 2 and 3 in not registering the FIR against the 4th respondent. The writ petitioner claims that he is a member belonging to the “Scheduled Tribe” caste and that when he approached the 4th respondent-District Collector at her residence on 19-09-2007 along with others to represent about their grievances, the 4th respondent is alleged to have abused them taking their caste name and thus, she has committed an offence in terms of Section 3 of the Prevention of Atrocities on Scheduled Castes and Scheduled Tribes Act, therefore, he had lodged complaint with the II Town Police Station, Mahaboobnagar, who has neither registered the same nor did investigate it. Hence, this writ petition. The Superintendent of Police, Mahaboobnagar District, who has been impleaded as 1st respondent, had filed a detailed counter-affidavit in the matter. The respondents 1 to 3 have disputed the assertion of the petitioner that he had sought to lodge a complaint against the 4th respondent with the II Town Police Station at Mahaboobnagar on 19-09-2007 and the further assertion that because of the official position of the 4th respondent, the local police have declined to entertain the same. It is stated by the 1st respondent that on the contrary, when the complaint has been sent up through post, on receipt of the same, the Station House Officer, II Town Police Station had immediately entered the same in the General Dairy and took up the matter for further investigation. The Deputy Superintendent of Police, Shadnagar, appears to have conducted enquiry into the matter. It is stated that Police Constable No.1806 has been sent for securing the presence of the persons, who lodged the complaint, for the purposes of verifying as to whether they have signed the complaint on their own free will and as to whether they genuinely belong to Scheduled Caste or Scheduled Tribe and also to find out further details relating to the facts of the matter. But, it is reported that, the complainants are not staying at the addresses furnished by them and they are reported to have left the locality for Hyderabad. This apart, the D.S.P., Shadnagar has visited the Camp Office of the District Collector, Mahaboobnagar, which is situated within the residential premises of the said Officer on 28-10-2007, and contacted the Senior Assistant-Camp Clerk of the District Collector, attender of the Camp Office as well as the Gunmen on duty at the residence of the District Collector, Mahaboobnagar. All these individuals have disputed the fact that the complainants have ever visited the residence of the District Collector on 19-09-2007, the later to have abused anyone taking his or her caste name. The Superintendent of Police has also pointed out that, in fact, incidentally, the Chairman, A.P. State Scheduled Castes Commission, has visited Mahaboobnagar Town on 19-09-2007 and two individuals by name Smt. K.Lalamma and Sri G.Balappa, are said to have submitted a written representation to him. But however, in the said representation there is no mention made about the incident, now complained about by the, thus, creating any amount of doubt about the correctness of occurrence of any such incident. The Superintendent of Police, has also pointed out that under the National Rural Employment Guarantee Scheme, sanction was accorded for laying a road from Keshavapuram to Chokla Naik Tanda and the work in that regard had been carried on for 17 days, but however, when some of the villagers represented to the District Collector that the said road is laid across their lands without acquiring them and that the Upa-Sarpanch of the Keshavapuram village, who owns approximately Ac.20-00 of land is the only person interested in laying the said road, which will be beneficial for him, the District Collector appears to have passed orders for stopping the laying of the road, under the Rural Employment Scheme. Obviously, the District Collector had wanted to make sure that the public funds are not wasted or withered-away for the benefit of influential persons instead of serving the common good and in the process, the lands of the private citizens are not being abused by forming a road across them without acquiring the same. The writ petition is apparently instituted at the behest of some vested interests, who were, obviously, upset about the decision taken by the District Collector. It does not inspire any confidence in the mind of the Court for entertaining the same, apart from it being inappropriate of the remedies available under law. For lack of bona fides the writ petition deserves to be dismissed and, hence, the same is dismissed at the stage of admission. -------------------------------- Nooty Ramamohana Rao, J 18th January 2008 mrk