SURENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This petition discloses an alarming state of affairs prevailing in the State of Uttar Pradesh. It appears that all kinds of ruffians, gundas, hooligans and other anti social elements are at large in our society and are harassing and terrorizing the law abiding citizens. If this trend is not stamped out with an iron hand the situation will get out of control and there will be total lawlessness and jungle raj in the State.

(2.) The petitioner has alleged that he is a tenant of a shop in Agra City under Police Station Aitmadaula, Agra for which he pays Rs.2000/= per month to the landlord on the basis of registered rent deed vide Annexure-1 to the writ petition. The petitioner carries on the business of jute bags in the aforesaid premises and also resides there.

(3.) It is alleged in paragraph 6 of the petition that on 2.7.2003 when the petitioner was carrying on his business in the said premises the respondents no. 7 to 18 came to his shop with the common object of realizing gunda tax and demanded a sum of Rs. 1000/= and in case of non-payment of the same threatened to evict him and also make him suffer dire consequences. Since the petitioner did not pay the aforesaid gunda tax as demanded by the respondent no. 7 to 18 they threatened to evict the petitioner forcibly from the premises and hence the petitioner on 2.7.03 went to lodge an FIR but the respondent no.5, the Station House Officer, Police Station Aitmadaula, Agra refused to lodge the FIR and hence the petitioner gave a written complaint dated 3.7.03 to the SSP, Agra vide Annexure-4. It is alleged in paragraph 9 of the writ petition that since the petitioner did not pay the gunda tax as demanded by the respondent no. 7 to 18 they again on 16.7.03 forcibly entered into his rented premises and demanded gunda tax from the petitioner again. The petitioner then sent a complaint by means of Speed Post to the Chief Minister, U.P. at Lucknow vide Annexure 5 to the writ petition. Despite these representations and complaints to the Chief Minister, District Magistrate, SSP, Agra etc. no action was taken against the respondent no. 7 to 18. The respondents No. 7 to 18 again came on 28.7.2003 to the premises of the petitioner and demanded Rs. 3 Lakhs as gunda tax and threatened to kill him and his family members if he did not pay the same. These respondents were armed with pistols, katta, knife, lathi and danda etc. and they forcibly snatched a golden chain of two tolas and one golden ring by pointing pistols on the chest of the petitioner and also snatched a sum of Rs. 3200/= kept in the pocket of his shirt and also abused him. They said they realize gunda tax from all the persons running industries and that the police cannot do anything against them as the Police Station is in their pocket and they also send the weekly gunda tax to the police and as such no proceedings will be initiated against them by the Police. The petitioner again sent a written complaint to the Chief Minister of Uttar Pradesh, Chief Secretary, U.P., Inspector General (Police), Kanpur Region, Kanpur, Deputy Inspector General (Police), Agra Region, Agra, the SSP, Agra SP, Agra the City Magistrate, Agra etc. but to no avail and no action has been taken against the respondent no. 7 to 18 and the lives of the petitioner and his family members are in danger. It is alleged that respondent no. 5 the Station House Officer of Police Station Aitmadaula, Agra is in collusion with the respondent no. 7 to 18.