IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5420 of 2009 Between: Satti Laxmana Reddy, S/o. Late Satti Somasundra Reddy, Sri Maheswari Minerals, Aarladhara Village, Prattipadu Mandal, East Godavari District. ..... PETITIONER AND 1 The Superintendent of Police, Kakinada, East Godavari District. 2 The Deputy Superintendent of Police, Peddapuram, East Godavari District. 3 The Sub-Inspector of Police, Prattipadu, East Godavari District. 4 Jalligampala Prabhakara Rao, S/o. Rajababu, R/o. Lampakaolova, Prattipadu, East Godavari District. 5 Ella Appa Rao, S/o Appalakonda, R/o. Uttakankanchi, Prattipadu Mandal, East Godavari District. 6 Koppana Venkateswara Rao, s/o. Reddynaidu, R/o. Ommangi, Prattipadu Mandal, East Godavari District. 7 Ramisetty Chinna Rao, S/o. Vasudeva Murthy, R/o. Uttakakanchi, Prattipadu Mandal, East Godavari District. 8 Ommu Manikyam, S/o. Apparao, R/o. Vemulapalem, Prattipadu Mandal, East Godavari District. 9 Ommu Krishna, S/o. Apparao, R/o. Vemulapalem, Prattipadu Mandal, East Godavari District. 10 Diddi Veerabhadra Rao, S/o. Nagaraju, R/o. Vemulapalem, Prattipadu Mandal, East Godavari District. 11 Vatada Chintalupulu, S/o. Apparao, R/o. Uttakakanchi, Prattipadu Mandal, East Godavari District. 12 Lingampalli Satyanarayana, S/o. Tammarao, R/o. Lampakalova, Prattipadu Mandal, East Godavari District. 13 Nimmala Rambabu, S/o. Paddaraju, R/o. Rowthupalem, Prattipadu Mandal, East Godavari District. 14 Nimmala Apparao (Bujji), S/o. Satyanarayana, R/o. Rowthupalem, Prattipadu Mandal, East Godavari District. 15 Devara Radhakrishna, S/o. Nagaraju, R/o. Peddpalem, Prattipadu Mandal, East Godavari District. 16 Bennoju Nageswara Rao, S/o. Venkanna, R/o. Gokavaram, Prattipadu Mandal, East Godavari District. 17 Barla Bhadram, S/o. Rammurthi, R/o. Peddipalem, Prattipadu Mandal, East Godavari District. 18 Meka Appa Rao, S/o. Venkatrao R/o. Peddipalem, Prattipadu Mandal, East Godavari District. 19 Bathu Nageswara Rao, S/o. Atchanna, R/o. Peddipalem, Prattipadu Mandal, East Godavari District. 20 Gunnabathula Rajababu, S/o. Venkatrao, R/o. Uttarakanchi, Prattipadu Mandal, East Godavari District. 21 Pandi Chinanukaraju, S/o. Chakra Rao, R/o. Uttarakanchi, Prattipadu Mandal, East Godavari District. 22 Dudi Eswara Rao, S/o. Ganga Raju, R/o. Uttarakanchi, Prattipadu Mandal, East Godavari District. 23 Ganta Satynarayana, S/o. Venkatraju, R/o. Lampakalova, Prattipadu Mandal, East Godavari District. 24 Ramisetti Muralikrishna, S/o. Tamma Rao, R/o. Ommangi, Prattipadu Mandal, East Godavari District. 25 Dale Suribabu, S/o. Phakrirao, R/o. P.S. Pudi, Prattipadu Mandal, East Godavari District. 26 Ranga Nageswara Rao, S/o. Satyam, R/o. Uttarakanchi, Prattipadu Mandal, East Godavari District. .....RESPONDENTS Counsel for the Petitioner:MR.MD.SALEEM Counsel for Respondent Nos.1 to 3:AGP FOR HOME The Court made the following : ORDER: In this writ petition, the petitioner sought for a mandamus to declare the inaction of respondent Nos.1 to 3 in registering First Information Report against respondent Nos.4 to 26, as arbitrary and contrary to the provisions of Code of Criminal Procedure. The petitioner - Sri Maheswari Minerals, Aarladhara Village, Prattipadu Mandal, East Godavari District, is involved in transportation of laterite mineral by paying royalty and taxes to the Government. It alleged that respondent Nos.4 to 26 caused disturbance to its business by stopping transportation of mineral for sixteen days and that when the managing partner of the petitioner approached the police and the then Collector, the dispute was resolved by them after summoning both the parties. It averred that as per the settlement, it has to lay a bypass road within six months with the cooperation of respondent Nos.4 to 26 by purchasing the land with its funds and till then, the Government road can be used for transportation. It is the case of the petitioner that though a bypass road was laid from Rachapally X Road to Gajjanapudi and Aarladhara Villages, respondent Nos.5 to 26 with the abetment of respondent No.4, started causing disturbance to its business and that on account of the said highhanded acts, the petitioner sustained heavy loss in its business. The grievance of the petitioner is that though it approached respondent No.3 on several occasions with complaints against respondent Nos.4 to 26, he has not taken any action. Therefore, the petitioner claimed to have approached respondent No.1 on 28.01.2009 with a written complaint, which was endorsed by the latter to respondent No.2 on 02.02.2009. As respondent Nos.2 and 3 have not taken any action even thereafter, the petitioner filed the present writ petition. In the counter-affidavit filed by respondent No.3 - Sub-Inspector of Police, Prattipadu Police Station, East Godavari District, it is averred that the petitioner submitted representation, dated 28.01.2009 to respondent No.1 wherein it complained that in February, 2008, respondent No.4 and others caused disturbance to the petitioner’s business for a period of sixteen days with an ill-intention; that with the intervention of the Additional Superintendent of Police and the Revenue Divisional Officer, the dispute was resolved and according to the settlement, within six months, a bypass road is to be laid by the petitioner with the cooperation of United Committee from Rachapalli Highway to Aarladhara Village and till then, the Government road can be used and that despite the said settlement and laying of road for 1.2 kilometers, respondent Nos.4 to 26 were preventing transportation of the petitioner’s mineral. It is further averred that as the representation of the petitioner did not reveal commission of any cognizable offence, a detailed enquiry was conducted by the police which revealed that on 06.02.2008 at 5.00 p.m. one Katta Ramana, Son of Sahadevudu, aged about 36 years, resident of Peddanapalli Village of Eleswaram Mandal, who is the driver of Tipper bearing No.AP5 TT 8446 with a load of mineral, dashed a passenger, by name, Dasari Manikyam, Son of Appa Rao, Aged 44 years, Uttarakanchi Village, leading to the death of the said person on the spot; that in connection with the said incident, a case was registered under Section 304-A IPC on 06.02.2008 at 8.00 p.m. in Prattipadu Police Station; that due to the said incident, the villagers and the members of Gramala Parayavarana Parirakshana Sangam objected to the movement of vehicles in the villages and that the petitioner entered into an agreement with the said organization before the Additional Superintendent of Police and the Revenue Divisional Officer, Peddapuram, subject to various terms, which were referred to in the counter-affidavit. It is also averred that following the said agreement, the petitioner is constructing a bypass road between Vommangi, Rachapalli and Uttarakanchi Villages; that the Sub-Divisional Police Officer and the revenue authorities formed a peace committee to prevent untoward incidents in the Village and that presently, there is no trouble for the petitioner to move the vehicles in the said villages and the law and order is under control. Hence, registration of a case at this stage may create law and order problem in Prattipadu Mandal of East Godavari District and therefore, no action was taken on the representation of the petitioner for registration of the case. No reply affidavit is filed controverting any of the averments contained in the counter-affidavit referred to above. The facts averred in the counter-affidavit would reveal that the disturbances said to have been created by respondent Nos.4 to 26 were subsided and the petitioner is permitted to transport its mineral. In view of the apprehension of breach of piece by respondent No.3 in the event of registration of a formal case and the assertion of respondent No.3 that the petitioner is able to move its vehicles to transport the mineral without any hindrance from the private respondents, I do not find any reason to interfere in this writ petition. If the petitioner is still interested in ensuring registration of a criminal case against respondent Nos.4 to 26, it shall be free to approach the jurisdictional Magistrate under Section 190 read with Section 200 Cr.P.C. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of main petition, WPMP.No.7069 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 10th JULY, 2009. kvni