IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25043 of 2005 Between: B.Thimmappa S/o.Thimmayya Gattu. Mahaboobnagar district ..... PETITIONER AND 1 Superintendent of Police, Mahaboobnagar district 2 Deputy Superintendent of Police, Gadwal, Mahaboobnagar district 3 Inspector of Police, Gadwal Circle, Mahaboobnagar district 4 Station House Officer, Gattu, Gattu Mandal, Mahaboobnagar district .....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 an appropriate writ or order direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in continuing rowdy sheet pending against the petitioner in Gattu Police Station ,Gattu Mandal, Mahaboobnagar district even after acquittal of the cases as highly illegal, arbitrary and violative of the Articles 19&21 of Constitution of India and consequently set aside the same and to pass such other order or orders as this Hon`ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.KANAKAMEDALA RAVINDRA KUMAR Counsel for the Respondent No.: GP FOR HOME HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO. 25043 OF 2005 ORAL ORDER: Petitioner in this Writ Petition seeks to issue a Writ of Mandamus declaring the action of the respondents in continuing rowdy sheet against him in Gattu Police Station, Gattu Mandal, Mahaboobnagar District even after acquittal of the cases as illegal and arbitrary and violative of the Articles 19 & 21 of the Constitution of India and consequently set aside the same. It is stated that all the cases registered against the petitioner were ended in acquittal. Therefore, the rowdy sheet cannot be continued. Counter affidavit has been filed stating that the petitioner is a rowdy element and is creating terror among the business people residing in the area of Gadwal and has collected huge amounts by demanding and threatening them and indulged in unlawful activities and has involved as many as 17 cases and out of seventeen cases four cases are pending and remaining cases were ended in acquittal. It is stated that in view of the involvement in as many as 17 cases rowdy sheet was opened against him on 18.10.1992 on the recommendations of the then Sub-Divisional Police Officer, Gadwal and it is being continued and renewed from time to time on the file of the Station House Officer, Gattu Police Station and the same stands renewed till 31.12.2008. It is further stated that the activities of the petitioner as a rowdy sheeter are disturbing peace in the area and he is threatening the Government Officials and also maintaining illegal toddy depot. Though there are no fresh cases pending against the petitioner, to watch his movements rowdy sheet is being continued. In view of the above, I am of the opinion that merely because criminal cases are ended in acquittal, the petitioner is not entitled for dispensation of the rowdy sheet. Under Order 602-1 of the A.P. Police Manual, Part-I, Volume-II, the rowdy sheet opened and maintained shall be continued by the end of the year and it is for the authorities whether to discontinue or to maintain for a further period. Under Order 602-2 of the above Manual, merely because the rowdy sheet is not figured in previous five years it should not preclude the concerned officer to continue the rowdy sheet if the Officer is of the opinion that activities of the rowdy sheeter are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area or the victims are not coming forward to give complaint against him on account of threat from him. Therefore, I am of the opinion that merely because no cases are pending against the petitioner, he is not entitled to discontinue the rowdy sheet is not correct. But however, it is for the authorities to consider and take decision under Order 602-2 of the A.P. Police Manual, Part-I, Volume-II. Having regard to the above facts and circumstances, the Writ Petition is disposed of permitting the petitioner to make a representation to the Sub-Divisional Police Officer, Gadwal, for dispensing with the rowdy sheet and it is for the Sub-Divisional Police Officer, Gadwal, Mahabubnagar District, to consider and dispose of the same in accordance with law. No order as to costs. ____________________ V. ESWARAIAH, J Date: 25.03.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Superintendent of Police, Mahaboobnagar district 2 Deputy Superintendent of Police, Gadwal, Mahaboobnagar district 3 Inspector of Police, Gadwal Circle, Mahaboobnagar district 4 Station House Officer, Gattu, Gattu Mandal, Mahaboobnagar district 3. 2CCs to G.P. for Home, High Court of A.P. , Hyderabad. 4. 2CD copies