IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 25184 of 2006 Between: Chintada Venkata Ramu S/o Late Krishna Murthy r/o 9-34-1, Padala Dalappa Street, Behind Srinivasa Mahal Theatre, Kothapet, Vijayawada Krishna District. ..... PETITIONER AND The Inspector of Police, West Circle L&OII Town Police Station Vijayawada, Krishna District. .....RESPONDENT 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 issue a Writ or order or direction more particularly one in thenature of Writ of Mandamus declaring that the actionof the respondent in Maintaining the rowdy sheet againstthe petitioner in L&OII Town Police Station, Vijayawada, Krishna District is illegal, arbitrary andcontrary to law and pass such other order or orders as this Hon'ble Court may deem fitand proper. Counsel for the Petitioner:MR.T.PRADYUMNA KUMAR REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 25184 of 2006 Oral Order: The petitioner is aggrieved that the respondent continues the Rowdy Sheet opened against him in the West Circle, Law & Order, II-Town Police Station, Vijayawada. The petitioner asserts that he was falsely implicated in criminal cases which ended in acquittal and that he is living peaceably with his family at Vijayawada and not involving in any criminal activities. The Rowdy Sheet was asserted to have been opened in 1989 and not closed thereafter. The petitioner asserts further to have joined a political party in 1983; that his father was an ex-corporator of Vijayawada Municipal Corporation and a Trust Board member of a local temple; that he is not a habitual offender in terms of Paragraph No. 742 of the Police Standing Orders; and therefore there is no legal justification either for opening or at any rate continuing the Rowdy Sheet since 1989. The writ petition was filed on 01-12-2006. It was admitted on 04-12-2006. Rule nisi was issued apart from a notice on an interlocutory application seeking a direction to the respondent not to insist on the presence of the petitioner periodically. The rule nisi has been served as also the notices, on the respondent. The time for entering a response under the Writ Proceeding Rules, 1977 has long since lapsed. The respondent maintains a studied silence and does not choose to respond. On the application of the principle of non- traverse it is legitimate to infer that the averments of the petitioner are true as well as the allegations pleaded against the respondent. As a consequence of this inescapable inference, the petitioner must succeed. The writ petition is accordingly allowed. Since the respondent is seen to have opened a Dossier against the petitioner and maintained it for over seven (7) years without justification, the respondent has encroached unlawfully upon the petitioner’s liberty guaranteed under the Constitution of India. The respondent is accordingly liable to pay costs. In the totality of the facts and circumstances of this case, however the writ petition is allowed with costs of Rs.5,000-00 (Rupees five thousand only) payable by the respondent, of which Rs.1,000-00 (Rupees One thousand only) shall be paid to the petitioner and Rs.4,000-00 (Rupees Four thousand only) shall be deposited with the Secretary, A.P. State Legal Services Authority, Hyderabad within a period of three weeks from the date of receipt of a copy of this order. A copy of this order shall be communicated to the Chief Secretary of the Government of Andhra Pradesh and the Director General of Police, Hyderabad for appropriate administrative consideration as to whether the amount of costs may be recovered from any officer responsible for the same. A copy of this order shall also be marked to the Secretary, A.P. State Legal Services Authority, Hyderabad for information. ____________________ GODA RAGHURAM, J Dated: 08-08-2008 pvks