IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3005 of 2009 Between: S.T. Gulshan S/o. S.T. Ismail R/o. Dhone, Kurnool District. ..... PETITIONER AND 1 The District Collector Kurnool Dist. Kurnool. 2 The Superintendent of Police Kurnool Dist. Kurnool. 3 The Dy. Superintendent of Police Dhone, Kurnool Dist. 4 The Station House Officer Dhone Police Station Dhone, Kurnool Dist. 5 The Dhone Mandal Lorry Owners Welfare Association Rep. by its President / Secretary, BH. Harinath Reddy Dhone, Kurnool Dist. .....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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 herein in not taking action against the 5th respondent on the represenatation/complaint dt.24-01-2009 and 29-01-2009 as highly illegal, arbitrary and consequently direct the respondents to take action against the 5th respondent and to see that there shall not be any collection of amounts by the Dhone Mandal Lorry Owners Association forthwith and grant such other relief or relief as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.M.KRISHNAIAH Counsel for the Respondent No.: GP FOR HOME The Court made the following: O R D E R:- The petitioner asserts that he is the President of the Lorry Transport Association, Dhone, which consists of 25 persons, and more than hundred lorries belonging to owners of different States come to Dhone and nearby villages and towns for the purpose of loading and unloading food grains and other mineral goods. While so, the 5th respondent started collecting some amounts illegally as formality from the drivers and cleaners of lorries floating to Dhone in the name of Dhone Mandal Lorry Owners Welfare Association by issuing unauthorized receipts to them. Then, the petitioner lodged a complaint on 28.1.2009 on behalf of the Lorry Transport Association, Dhone to respondent Nos.1 to 4 to take action against the 5th respondent, but it is his grievance that the official respondents have not taken any action on the 5th respondent. The 4th respondent-Station House Officer, filed counter affidavit inter alia denying the averments of the writ affidavit and stated that no complaint purported to have been lodged by the petitioner is received by him. It is further stated that there are disputes between the Lorry Transport Association, Dhone and the 5th respondent-association. Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for respondent Nos.1 to 4 On 24.02.2009, the learned counsel for the petitioner sought time to file acknowledgement of receipt of the complaint alleged to have been lodged by the petitioner on 28.1.2009, but so far, he has not produced any proof of receipt of his complaint. By this writ petition, the petitioner is seeking directions to the police to direct the 5th respondent not to collect the amounts. The said relief sought by the petitioner cannot be granted. If the petitioner is aggrieved by the action of the 5th respondent in collecting certain amounts illegally from the drivers/cleaners of the lorries, his remedy is otherwise. The petitioner in the guise of seeking directions to the police, is seeking to settle the private dispute between him and the 5th respondent, which cannot be permitted. Hence, I see no merits in this writ petition and the same is accordingly dismissed. However, if the petitioner brings any untoward incident to the notice of the police, which breaches the law and order problem, the 4th respondent-Station House Officer is directed to take necessary action against those responsible for such law and order problems. No costs. ______________ N.V.RAMANA, J 26th March, 2009 bcj