Y.C. Yallappa v. State Of Ap

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.4104 OF 2018 ORDER:

Heard Sri Kothapally Ram Mohan Chowdary, learned counsel for the petitioners, and the learned Government Pleader for Home (A.P.) appearing for the respondents.

2.

Opening of a rowdy sheet against the petitioners is under challenge in the present writ petition. According to the petitioners, they are the residents of Kurubarahalli Village, Kalyandurg Mandal, Anantapuramu District and petitioner No.2 is studying M.Sc., in the Government College, Anantapuramu and petitioner No.1 is a senior citizen and farmer by avocation. 3.

According to the learned counsel for the petitioners, the very opening of the rowdy sheet against the petitioners herein is highly illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India besides being opposed to the very spirit and object of the A.P. Police Standing Orders. It is further submitted that in the absence of any contingencies as provided under Standing Order No.601 of the A.P. Police Standing Orders, the very opening and continuation of the rowdy sheet is impermissible. 4.

On the other hand, it is submitted by the learned Government Pleader that without approaching the Deputy Superintendent of Police/competent authority for consideration of the issue, the present writ petition is filed before this Court directly.

5.

Having heard the learned counsel for the petitioners and the learned Government Pleader, this Court, in the facts and circumstances of the case, deems it appropriate to dispose of the writ petition, keeping it open to the petitioners herein to submit a representation before respondent No.3 within a period of three (3) weeks from the date of receipt of a copy of this order. If any such representation is made by the petitioners within the time stipulated, the same be considered and appropriate orders be passed strictly in accordance with law within a period of three (3) months from the date of filing of such application. 6.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 08.02.2018 AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.4104 OF 2018 Date: 08.02.2018 AMD