ORDER :

A. Rajasekhar Reddy, J.

1. Aggrieved by the action of the respondents in opening and continuing the rowdy sheet against petitioner, the present Writ Petition is filed.

2. It is the case of the petitioner that he is resident of Mahabubnagar District; that earlier he worked in Police department as Head Constable and he was also awarded President Gallantary Award in the year 2007; that later he resigned the job and joined in politics in order to serve people of Mahabubnagar; that he is having good reputation at Hanwada and Mahabubnagar; that his mother was elected as ZPTC Member of Hanwada Mandal, Mahabubnagar District. As differences arose between him and the present MLA, two false cases were registered against him in Cr. Nos. 53 and 54 of 2015 on the file of Mahabubnagar Rural Police Station and that both crimes relating to the same incident alleged to have taken place on 02.02.2015; that the Police after investigation, filed charge sheet and the same is numbered as PRC No. 21 of 2016 and CC No. 864 of 2015 on the file of Judicial First Class Magistrate (Prohibition and Excise) Mahabubnagar and that basing on those two cases, the respondents have opened rowdy sheet on 30.03.2015; that the respondents have mechanically opened the rowdy sheet against the petitioner and he is being harassed by the Police asking him to come to Police Station everyday at the time of elections or during important festival days and also whenever an important dignitary visits the town; that his movements are kept under surveillance and thereby losing his privacy, as such, the action of the respondents in opening the rowdy sheet is wholly illegal, arbitrary and same is in violation of Article 19(1)(d) and Article 21 of the Constitution of India. Aggrieved by opening of rowdy sheet against him, he filed W.P. No. 40365 of 2016 before this Court, wherein 5th respondent herein filed counter admitting that two crimes were registered and basing on the same only, they opened rowdy sheet on 30.03.2015; that the said Writ Petition is disposed of directing the petitioner to make representation to the 5th respondent by informing the relevant provisions of Rules under the Police Standing orders; that he made representation on 17.12.2016 to the 2nd respondent for closure of rowdy sheet against him, but no orders are passed on the same. He made another representation on 02.06.2018 for closure of rowdy sheet, but no steps were taken for consideration; that the office of the 2nd respondent called for report from the SIB and he was informed that SIB also submitted report and that even after submission of the report, office of the 2nd respondent issued an endorsement on 28.03.2017 refusing his request. Aggrieved by the same, present Writ Petition is filed.

3. Counter affidavit is filed by the 3rd respondent denying the averments in the affidavit filed in support of the Writ Petition stating that two criminal cases are registered against him i.e., Cr. Nos. 53 and 54 of 2015 on the file of Mahabubnagar Rural Police Station; that the petitioner is young and energetic and there is every need of surveillance required over his activities to maintain law and order and avoid wrongful activities in Mahabubnagar Town; that after obtaining permission from the Sub-Divisional Police Officer, Mahabubnagar Division, a rowdy sheet had been opened against the petitioner on 30.03.2015, which is extended from time to time till 31.12.2018; that the aforesaid two criminal cases are pending trial before the trial court and that the truth or otherwise would come out only after full-fledged trial is conducted by the trial Court; that if the rowdy sheet is closed, there is every chance that the petitioner may threaten the witnesses; that as per A.P. Police Manual Standing Order No. 602(2), the suspect sheet can be extended for a further period of five years and that since the petitioner is frequently creating breach of peace in the locality, it is necessary to maintain the rowdy sheet agains