P. Ananda Mudhiliar v. State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.10797 of 2014 ORDER:

Heard learned counsel for the petitioner as well as learned Government Pleader appearing for the respondents 1 to 4. 2.

The prayer sought in the writ petition is as under:- "... to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 2 and 3 in considering the Petitioner's representation dated 14.03.2014 for opening of Rowdy Sheet against the 5th Respondent as illegal, arbitrary, violative of principles of natural justice and violative of provisions of Police Standing Order and contrary to Article 21 of the Constitution of India and issue consequential directions to the Respondents to open a Rowdy Sheet against the 5th Respondent by duly taking into consideration Petitioner's representation dated 14.03.2014 and pass such other or further order or orders as are deem fit and proper in the circumstances of the case."

3.

Learned Government Pleader placed on record the written instructions, dated 02.07.2018, issued by the Sub-Inspector of Police, Amberpet Police Station.

4.

From the perusal of the said written instructions, it is revealed that originally a rowdy sheet was opened against the 5th respondent in the year 1986 on the rolls of Uppal Police Station and subsequently it was closed in the year 1992. Subsequently, the rowdy sheet was again

PKR, J W.P.No.10797 of 2014 opened against the 5th respondent on 14.04.1998. Again, the rowdy sheet of the 5th respondent was closed in the year 2008. However, basing on the activities of the 5th respondent, the rowdy-sheet was once again opened against him on 28.10.2016 on the rolls of the Uppal Police Station and the same is being continued and renewed from time to time. As on the date of submitting the written instructions to the office of the learned Government Pleader, the rowdy sheet opened against the 5th respondent was continuing and extended till 31.12.2018. The copy of the said written instructions is made part of the record.

5.

The learned Government Pleader on oral instructions submits that the said rowdy sheet is still continuing against the 5th respondent. 6.

In view of the above said facts and circumstances, this Court is of the opinion that no further cause would survive in the writ petition, since the rowdy sheet is already opened against the 5th respondent and the same is continuing.

7.

However, learned counsel appearing for the 5th respondent submits that the cases pending against the 5th respondent are all civil in nature. In that regard, he has already submitted a representation, dated 05.11.2016, to consider the cases pending against him and close the rowdy sheet. It is also brought to the notice of this Court that no orders are passed as of now.

PKR, J W.P.No.10797 of 2014 8.

In view of the said facts and circumstances, this Court is of the opinion that no further cause would survive in the writ petition. However, in the light of the submissions made by learned counsel for the 5th respondent that he has submitted a representation, dated 05.11.2016, the respondents 1 to 4 are directed to consider the same and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

9.

With the above said observations, the writ petition is disposed of.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

___________________ P. KESHAVA RAO, J 27th November 2019 mar