IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 3352 of 2008 Between: Dulam Govindarajulu, S/o. Late Bapiraju R/o. D.No.1-2, Near M.R.O. Office, Darsiparru Road, Pentapadu, (V&M) West Godavari Dist., ..... PETITIONER AND 1 The Superintendent of Police, West Godavari, Eluru., 2 Mohammad Shanavaz,S/o.Not known, Sub Inspector of Police. Pentapadu police Station, Pentapadu, West Godavari Dist., 3 Dulam Yeshuprabhu, S/o.Late Bapiraju R/o. GaganMahal, Opp:M.L.A. P.Janardhan reddy House, Hyderabad .....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 2nd respondent here in in interfering with civil disputes pending between the petitioner and 3rd respondent herein land calling the petitioner to police lstation, without there being any complaint against the petitioner and thereatening the petitioenr to book under S.C, S.T Attrocites Act, as illegal arbitrary land consequently direct the 2nd respondent herein into to interfere with civil disputes, and 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.RADHA KRISHNA POLISETTY Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORAL ORDER: The writ petition is filed alleging that the 2nd respondent is interfering with the civil disputes between the petitioner and the 3rd respondent, at the 3rd respondent’s instance, calling the petitioner to the police station without any complaint and threatening to implicate the petitioner under the S.C and S.T Atrocities Act. On 18-11-2007 the petitioner lodged a complaint to the 1st respondent alleging unlawful conduct by the 2nd respondent who is the Sub-Inspector of Police, Pentapdu Police Station of West Godavari District. The 1st respondent-Superintendent of Police has filed a counter-affidavit dated 15-7- 2008. It is stated by the 1st respondent that immediately on receipt of the complaint dated 18-11-2007 the answering respondent called upon the Sub-Divisional Police Officer, Kovvur to enquire and report. After a detailed enquiry, the Circle Inspector of Police, Tadepalligudem Circle forwarded his report to the answering respondent, wherein it was revealed that there was some minor scuffle between the 3rd respondent (who is the younger brother of the petitioner) and the petitioner during the paddy transplantation season, on 21-6-2007. A petty case was registered under Section 290 IPC against the 3rd respondent and in STC No. 503 of 2007 on the file of the Special Judicial Magistrate of Second Class at Tadepalligudem, the 3rd respondent was convicted and fined by an order dated 25-6-2007. Again on 11-11-2007 the 2nd respondent had received information that the petitioner and the 3rd respondent along with their respective henchmen on either side armed with sickles and sticks had assembled to physically assert competing rights over the land. The 2nd respondent intervened and instructed both the parties to approach the Mandal Executive Magistrate, Pentapadu and thus averted a serious breach of peace and tranquility. The 2nd respondent also registered a suo motu case in Cr.No. 152 of 2007 under Section 145 Cr.P.C. and submitted a report to the Mandal Executive Magistrate, Pentapadu on 11-11-2007. The same is pending consideration before the Mandal Executive Magistrate, Pentapadu. The report submitted by the Inspector of Police, Tadepalligudem after a detailed enquiry reveals, according to the counter-affidavit of the 1st respondent, that the 2nd respondent never interfered in the civil dispute between the petitioner and the 3rd respondent nor had the 3rd respondent summoned the petitioner nor pressurized him to settle the disputes with the 3rd respondent. The counter specifically asserts that in view of the personal disputes between the brothers (petitioner and the 3rd respondent), to wreck vengeance against the 3rd respondent, false allegations of harassment are made against the 2nd respondent. As is apparent from the averments in the counter-affidavit of the 1st respondent, which are not disputed, Cr.No. 152 of 2007 has been registered under Section 145 Cr.P.C. on 11- 11-2007 and it is only thereafter the complaint dated 18-11-2007 has been lodged by the petitioner to the 1st respondent making allegations against the 2nd respondent. The averments in the 1st respondent’s counter that the allegations in the writ petition and in the complaint dated 18-11-2008 are maliciously made, have not been denied. On application of principle of non-traverse the inference is compelling that the writ petition is filed for extraneous purpose of making wild and baseless allegations against the 2nd respondent who is a member of the Public Service, a Police Officer and with a view to harm his career prospects for having exercised statutory power under Section 145 Cr.P.C. and for registering Cr.No. 152 of 2007 on 11-11-2007. The petitioner has not chosen to controvert the averments in the counter nor marshall any material in support of the allegations against the 2nd respondent. For the aforesaid reasons, the writ petition is dismissed with costs of Rs.5,000/- (Rupees five thousand) payable by the petitioner within a period of four weeks from the date of receipt of a copy of this order; out of which, Rs.2,500/- shall be paid to the 2nd respondent and Rs.2,500/- shall be deposited with the Secretary, A.P. State Legal Services Authority. On failure of the petitioner to pay costs as above within the period stipulated, it is open to the 2nd respondent and the Secretary, A.P. State Legal Services Authority to take appropriate steps in accordance with law for recovery of the amount from the petitioner. The writ petition is dismissed as above with costs. A copy of this order be marked to the Secretary, A.P. State Legal Services Authority for information. ________________________ GODA RAGHURAM, J 21st August, 2008. GRR