THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.8247 OF 2010 ORDER: Questioning the action of the respondents, in opening rowdy sheets against the petitioners at Vissannapet Police Station, Krishna District, as arbitrary and illegal, the present Writ Petition is filed. It is the petitioners’ case that rowdy sheets were opened against all of them, in December, 2009, by the 2nd respondent on the recommendations of respondents 3 and 4; they had never involved themselves in any offence involving breach of peace, disturbance to public order and security; no crime has been registered against them in any police station; they had submitted a representation to the 2nd respondent on 8.3.2010 to close the rowdy sheet opened against them earlier; despite which the 2nd respondent has not closed the rowdy sheets; and the 4th respondent was harassing them by calling them regularly to the police station under the guise of watching their movements under close vigil. A counter affidavit is filed by the Assistant Sub Inspector of Police, Vissannapet Police Station, Krishna District stating that the petitioners were organizers of gambling at various places in Vissannapet Mandal, Reddygudem Mandal; and Tiruvuru Mandal; they had committed breach of peace and public tranquillity in the area; petty case Nos.137 to 150 of 2009, under Section 9(i) of the A.P. Gaming Act, were registered against them; the Judicial Magistrate of First Class, Tiruvuru had imposed fine of Rs.200/- against each of the accused in STC NO.49 of 2009 dated 13.4.2009; it had come to the notice of the respondents that the petitioners had organized gambling on several occasions; with a view to curb and curtail gambling with iron hand, a detailed report was submitted to the Asst. Superintendent of Police, Nuzvid; and, on his according permission, rowdy sheets had been opened against the petitioners. Section 9(1) of the A.P. Gaming Act provides for a penalty for be imposed on any person suspected to be gaming in a public street or thoroughfare or in any place to which public have, or is permitted to have access. The petitioners were booked in one such case which resulted in a fine being imposed on each of them of Rs.200/-. Except for a bald and vague averment that they were noticed to have organized gaming on several occasions, the counter affidavit does not detail any of the instance wherein the petitioners were found to have indulged in such illegal acts, nor is it the case of the respondents that any other case had been registered against the petitioners in this regard. A rowdy sheet is opened only to keep a vigil over persons who have committed such offences which would give rise to the opinion that their acts would result in breach of peace and public tranquillity. One solitary incident of gaming in a public place, which has resulted in imposition of fine of Rs.200/-, cannot be said to give rise to the opinion that opening of a rowdy sheet is necessary in order to curtail their movement, and their movements being kept on vigil by the respondents. The action of the respondents in opening a rowdy sheet against the petitioners herein is illegal. The rowdy sheets, opened against the petitioners are accordingly set aside. The Writ Petition is allowed. However, in the circumstances, without costs. __________ 2-11-2011 asp