( 1 ) THIS is a writ petition by one Ram Swarup. The opposite parties in this writ petition are Ram narain Sharma, station officer Beniganj district Hardoi, opposite party No. 1 and Sri Ravindra nath Agarwala, Superintendent of Police Hardoi opposite Party No. 2. The allegations of the petitioner in the writ petition are that the peitioner is a resident of Beniganj in the district of hardoi. He has never been convicted of any offence mentioned in paragraph 226 of the Police regulations. He is a cloth merchant and has a shop in the town at Beniganj. He also holds agricultrual land op an area of about sixty bighas. He was paying the Town Area Tax for a long time. At one time he was also paying income-tax. He comes of a respectable family of Beniganj.

( 2 ) THE petition then goes on to state that since the year 1947 relations between the petitioner and the local police became strained. The petitioner had lodged a report against one Mohammad amin, a sub-inspector of police who was dismissed as a result thereof. In the year 1957 the petitioner protested against the high-handedness of the station officer of Beniganj, and on an enquiry made by the Superintendent of Police into the matter, the said station officer was transferred. In the year 1957 a complaint was filed against the station officer of P. S. Beniganj, and the petitioner was a witness against the station officer in that case. One Smt. Ganesha was waylaid, and her report relating to the occurrence was not recorded by the police. The petitioner got a complaint in respect of this matter sent to the Superintendent of Police, hardoi and further brought this matter to the notice of the Complaint Officer, Hardoi as well as the Circle Inspector. The complaint in this matter was against opposite party No. 1. The police did not take any action on the said report of Smt. Ganesha. Since that time opposite party No. 1 is alleged to have been bearing ill-will against the petitioner and has been proclaiming that he would involve the petitioner in some crime.

( 3 ) ON the 18th July 1959 the petitioner was informed by opposite party No. 1 that his history sheet had been opened and he would be put under police surveillance. Since then he has been shadowed by the police and interrogated by them. The petitioner claims to be a social worker and states that he is the Secretary of the Akhadya Tel Sabun Udyog Sahkari Samiti Ltd. , district hardoi. He further stated that his house adjoins police station Beniganj.

( 4 ) THE case of the petitioner is that the action taken by the police in opening his history sheet was a mala fide one, that this action was not warranted by his past conduct, that he had never been convicted of any of the offences mentioned in paragraph 228 of the Police Regulations, and, therefore, the action of the police in opening his history-sheet was arbitrary, illegal and without jurisdiction. He, therefore, prays for a writ of mandamus directing the opposite parties Nos. 1 and 2 to close his history sheet.

( 5 ) THIS application was opposed on behalf of the opposite parties who filed a counter affidavit to meet the allegations made by the petitioner in his affidavit. Thereafter the petitioner filed a supplementary affidavit.

( 6 ) HAVING heard the learned counsel for the petitioner I am of opinion that this petition should be allowed. It is admitted on behalf of the State that the petitioner has never been convicted of any offences enumerated in paragraph 226 or 228 of the Police Regulations. It is also admitted on behalf of the State that the petitioner is cloth merchant, that he has a shop in the town of beniganj and that he also holds lands over fifty bighas in area. It is further admitted that the petitioner has been paying town area tax for a long time. The counter affidavit filed on behalf of the opposite parties states that once upon a time in the past the history sheet of the uncle of the petitioner named Manna wag opened. It is also stated in the counter