High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate or Writ or Direction more particularly a direction inthenatureofWritofMandamusdeclaringtheactionoftheRespondentsinnot allowing the Petitioner to proceed with the work as per the Agreement Nos' 1/w/.277lGlPDtLSlGvNM.17 dated 1506'2005 entered into with the 1st Petitioner, 2tW.277lG/pDlLS/GVN/Leas with the 2nd petitione, O2.OB.2OO7 entererd ,nro eM.17 di n., and 3tW.277lGtpDlLS/cVN/Leas ":;:::::1._o-""0 the pr nc p es or natura ;:'lI.'JT::ilil..;::1,il: ;ff":Ji";ffl1i permit the petitioners to proceed with the work by taking necessary action on the representation mate by the 1st petitioner on zg.os.zo.r4 and again 16.06.2014. 08 08.2006 entered into e/W.17 Oat.O I.A. NO: 10F 2014(WPMP. NO:2 2394 oF 20 141 ^":"^. petition under Se 1 S i CpC praying that in the circumstances stated in the affidavit fiteO ln src port of the petition' the High court may ue pteaseo to direct the Responrlents to proceed with the soir investisation and other,",:: J;:#";; ;"J|ff,.s : :l " caotes and other subsoil assets of the Respondents from tn" *ir. Rairway Station, -,,"'Ti!l"i:X;J" :" ::::;::,,, ;JH;*ll 1Mt.277tclpDl LS,,MTNA//.17 dated tS OO ZOOI 5 and other consequentral Agreements entered into with petitioners 2 and 3. t.A. NO: 20F 2015( WPM P.N O: 16 148 oF2015t petition under Section 181 ^D^ ___ 1 51 CpC praying that in the circumstances stated in the affidavit filed in s ; ff "jfiff::;ilii:J::,:;J#:5, ;;:1I ::iljj,",:";;,; No 1M 277 G/pD,Lsrc;sNl[:, j::". l:T:,H ,,,1,IT:,"#""]""T1[: bearing No' w'277rGlpDi Ls/GvNA/or-*IW-17 dated 16.12.2014 issued by the 2nd Respondent contrary to the site conditions and in vioration of terms of agreement. without hear.rng the petitioner and th Articles 14, 19 and2.t ,f constitution of tndia,,. ,r.,:t J':l1Tr::"J,Hffi: f fried assairing the inaction of the Respondents in takrng steps to crear the site of all subsoil assets/hindrances of the Respondents such as waterrines, power cables, communication oables, signaring and telecom cables and all other things either anchored/buried in the subsoil and other structures, electric/signaling/telecorn poles that arc existing on the site that was handed over to the Petitioner through agreement No.1l1x7 z77tG /pD/L.s./cvNM,/.17 dated 15.06.2005 so as to enable the Petitioner to create the necessary revenue succinctlyStatedthereasonsfordelayintheconstructionofthestructures.From earning assets for the lndian Railways as per the above agreement hollowtng paragraphs are inserted after paragraph l 5 Paragraph 16 " 16 1t is to submit that without taking any steps on the representations of the Petitioners' the 2' Respondent issued a Show Cause Notice to the 1" Petitioner on 04 09.2014 calling upon the 1" Petitioner why the agreement dated '1 5 06 2005 cannot be terminated. A copy of the said Show Cause Notice is submitted herewith as P39 ln response to the said Show Cause Notice the 1" Petitioner submitted the explanation on 29.09 20'14 1n the said explanation the 1St Petitioner had the said explanation it is very clear that the Respondents have failed miserably to obtain the necessary permissions by applying to the appropriate authorities at the relevant point of time lt will be further evident that there was inordinately long delay in taking decisions at various levels' A copy of the said explanation is submitted herewith as P40 Not satisfied with the explanation dated 29 09 2014' the rd Respondent issued the impugned 3 Termination Notice on 16 12 2014' a copy of which is submitted herewith as P4L 17 lt is to submit that the reasons given in the impugned notice are contrary to both the records as well as the site conditions The Respondents' as submitted in the preceding paragraph' were ever so srow in taking decisions and responding to various queries of the approving authorities which consumed avoidable time lapse Added to this' the Respondents, when the things were falling in place' failed to relocate the underground utilities, which is very essential for structural drawings As is evident from P37 the 1st Petitioner has been making frantic appeals to the Respondents to get the underground utilities removed for which the Respondents maintained a stoic silence lt is to submit that the Petitioners have spent more than 16.00 crores on various heads including the upto-date land rent as per the terms of agreement Though the structures did not come up as contemplated the Respondents have not been put to any kind of loss as they have been realizing the agreement amounts without any let On the contrary the Petitioners could not derive any benefits but had to bear the entire cost and' expenditure during the last nine years. lf the Respondents are permitted to proceed with the consequences of impugned notice' the Petitioners will be put to irreparable loss and damage which cannot be compensated by money lS lt is to submit that if theRespondentsarepermittedtocontinuewiththeactionsproposedinthe tmpugned termination notice it would amount t Io permitting the perpetrator of a wrong, to rake ad'anrao" .;" ^^- :^:ll'":"t of a penal term of agreement whereas the other terms of agreement *ur,- ,,.'n" ruted with impunity. ln the above circumstances it is just and necessary to stay the action proposed in the impugned termination notice dated 16.02.2014 the Honble Court will also be to renumber the prarsgr6p6s or the *rit unio"lirtu ;ilfir1:,:".TTTr: Petitioners therefore pray that the Honbre court wi, be prease to issue an appropriate or writ ,tr D. more particularly a direction in the nature of Writ of Mandamus Ou.,rr,r,r".,,on tg the action of the rr asreement No 1Ml 277/G/pD/Ls/cvNA/y ,, or,":t:::'.";:J ":ilJlT Jl; the 1.t petitioner vide termination notice dal da.ted 1o 12 2014 bearing No. wt2t7lctpDtr-s/GVNA,zor ,;;;;,;:" ^::'::-" cl lllfw 17 as arbitrary' illegal and against the principres ;"Hr;[ ;; ;::"lffi J,,.:: lxj:" _:il^:"i":ffi ,:1 ; of naturar justice and and asain 16 06 2otzt,J:'"",::,11"ffi*::,1" 1't petitioner on 2e 05 2014 and proper rn the circumstances or;i::::H ffiT|l:JT ;il::"'rit lnstead of '18. The Petitioners therefore pray that the Honbre corrrr \^/i, ha ^r^^^^r , an appropriate or writ or Directron more particura:;T:::,:;ffit:i:J,::; writ of Mandamus der:raring the action of the respondents in not arowing the petitioner to proceed with the work No l,*/.27ztGlpD/LSrcVNl/y 17 dated i5 06 200: "r,lr"o,ff _ilTJ"r:l petitioner' No 2Nv/.27';rGlpD/LS/GVN/LeaseA/y'.r7 dated 08.08.2006 entered into with the 2nd petitioner and 3/w-277/G/pD/LS/GVN/LeaseAA/. 17 dated 02'09 2007 entered into with the 3'd petitioner, as arbitrary, iregar and against the principles of naturar justice and consequenry direct the 1st respondent to permit the petitioners to proceed with the work by taking necessary action on the representation made by' the 1't petitioner on 29.05.2014 and again 16.06.2014 and pass such further or other orders as the Honble court may deem fit and proper in the circumstarces of the case and in the interest of justice. -/ Pa ra qra ph'19 as "22. Pending disposal of the above writ petition the petitioners herein further pray thattheHon,bleCourtwillbepleasedtosuspendtheoperationofimpugned TerminationNoticeNo.W.2TTtGtPDlLStGvNA/ol'lllAlV.17dated16.12.2014issued by the 2nd respondent and pass such further or other orders as the Honble court may deem fit and proper in the circumstances of the case and in the interest of justice". lnstead of: 19'Pendingdisposaloftheabovewritpetitionthepetitionershereinfurtherpray thattheHon'bleCourtwillbepleasedtodirecttherespondentstopermitthe petitionerstoproceedwiththesoilinvestigationandothertestsbyremovingthe cablesandothersubsoilassetsoftherespondentsfromthesitehandedoverto thepetitionersinoldGodavariRailwaystation,Rajahmundrypertainingto agreement bearrng No.1tWt.277IGIPDiLSiGVNM 17 dated 15 06.2005 and other consequential agreements entered into with petitioners 2 and 3 and pass such further or other orders as the Honble court may deem fit and proper in the circumstances of the case and in the interest of justice"' It is, therefore, prayed that the Honble Court will be pleased to permit the petitionerstofileproperwritpetitionasabovewhichisverbatimrepetitionofthe affidavitaccompanyingtheWPMP.No.51297of2014inWP.No.17B5Bof2ol4 andconseqUentlypermitthepetitionerstofiletheamendedwritaffidavit,writ petitionandtheDirectionpetitionandpasssuchfurtherorotherordersasthe Honblecourtmaydeemfitandproperinthecircumstancesofthecaseandin the interest of justice. l.A. NO: 1 OF 2016(WPMP. NO: 1 5436 0F 2016) Between: 1. M/s. M.Rama Krishna Reddy, 8-3-833/208, Phase-ll' Kamalapuri Colony' ' Siinrglr. Cofony, Hyderabad-500073 Rep by its lt/anaging Partner' 2.M/sl\4MConstructions,T-1-2121N69'shivbagh,Ameerpet,Hyderabad-16' ...PETITIONERS AND 1 Union of lndia, reP. bY Nilayam, Secunderabad 500071 the General Manager, South Central Railway, Rail 7/ 2 4 5 U:r"::Etr3_"rBBr5).,Eneineer, South centrat Raitway, Rait Nitayam, Railwav lrlanager, vijayawadaDivision, south centrat Raitway, Jf""r3,ly:tJ:'"' I.|"?-: b B[]l : l,i : ff $T g[?Jj; yj;jilTi,f.tlii'.?lgfj:Jfl 1n i,,xj: !?a, R a i,wa y M a n a s e r,s o ff ice, ,,-# B-2-54o/4,sar Residency, 1 0 r Road No 4, Respondent No.S is not necessary party Petitron under section 'r5'1 cpc praying that in the circumstances stated in the affidavit fired n suppo( of the petition, the High court may be preased to pass an order suspending the operation of the termination notice dated 16 122014 bearing no. w.277rGlpD/LS/G,NA/o.*M.17 issued by the 2nd Respondent. ...RESPONDENTS Counsel for the petitioner No.1 & 2: Ms. RUBATNA S.KHATOON Counsel for the petitioner No.3: SRI PRASAD RAO VEMULAPALLI Counset for the Respondent No.1 & 2: SRI t.V.RADHAKRISHNA MURTHY Counsel for the Respondent No.3 & 4: Ms. N.SASIKALA The Court made the following: ORDER 7 a THE HON'BLE SRI JUSTICE N'V' SHRAVAN KUMAR PETITION No. L7858 of2o14 oRDER: This writ Petition is fi1ed seeking the followrng prayer: .WRIT OF MANDAWS declaing the action of the Respondertts in not allotuing the Petitioner to proceed uith the tttork as per the Agreemerfi Nos.l/W.277/ G/ PD/ LS/ GVN/W'17 15.06-2005 entered into uith the 7"t Petitioner' 2/w.277/ G/ PD/ LS/ GvN/ rease/ W'lT dated 08.08.2006 entered into uitLt the 2"d Petitioner 3/W'277/ G/ PD/ LS/ GVN/Lease/W'17 d.ated 02.08'2007 entered into with the 3'd Petitioner as arbitrarg' illegal and against the principles of natural justice and consequentlg direct the 7* Respondent to permit the Petitioners to proceed rttith the utork bg taking ruecessary action on the representation made by the 1st Petitioner on 29.05.2014 and again 16'06'2014'"

2. Heard Ms'Rubina S Khatoon' learned counsel appearing for petitioner Nos' l and 2' Sri Prasad Rao 2 *. o.*o., ,uau inur"J,/ VemulapaJli, Iearned counsel Sri t.V. Radhakrishna No.3 appearing for Murthy, Iearned appearing for r Ms.N. Sasik,rr, ,.*, Nos.3 and 4. perused oondent Nos' 1 and red counsel appearing for the record. petitioner counsel 2 and respondent

3. Learned counsel appearing for petitioner No.3 submitted that earlier on 05.O7.2OlZ, petitioner No.3 sought permission of this Court to withdraw this Writ Petition with a request to pursue available remedy. Granting pernrission, this Writ petition is dismissed as withdraum on behalf of petitioner No.3.

4. Learned counsel appearing for petitioner Nos. 1 a,d 2 on instructions submitted that in terms of Clause No.21 of the agreement, dated 15.06 .2oos, petitioner Nos. 1 and 2 would pursue their remedy by way of invoking Arbitration Clause and pray this Court to grart liberty to the petitioner lrl avail alternative remedy' wkrich reads as under: \. 7 NVSK,J W.P.No. i7858 oi 2014 J OF DISPUTES .THE RtrSOLUTION "o'*"*"*ntt

21. ln the euent of ana question' dispute or difference ansing under these presents or in connection theretuitlt (except b anA ma'ttes the decision of ultich is speciattg prouided bg these or conditions of contract) the same shalt be settled through arbitration under the Arbitration and Conciliation Act' 1996 and the Rules there under and ang modifications ttrcre of for the time betng in force' The arbitral tibunal shall be constituted by the Generql Manager' South Central Raittuay' The autard of the arbitral tibunal shalt be finat and binding on the Parties." 5 Learnedcounselsappearingforrespondentsdidnot dispute the same' t I ! Recording the submissions made by learned counsel 6 appea-rmg on either side and without expressmg any opinion on the merits of the case' this Writ Petition is disposed of in terms of the submissions made by counsel for petitioner Nos. L arld' 2 for seeking appropriate remedy 4 ,,."-no rr'r, ]r'rtl,i as per Clarrse No.1 However, it is m ade clear that thir expressed any opinion on the merits of parties contesting *. .,..- .^"'":" before the rearned rhere sha, be ". ..i::::,':::,"""r* of the agreement' dated 1s'06.20o5 court has not oI the case ald the -t oot'-' to rarse ail the objections rimitation aspect Miscelianeous applications, stand closed. any pending, shall //TRUE COPYII To, 1, The General Man 500071 ager, South Centrai Railway, Rd PRASAD GISTRAR SECTION OFFICER Nilayam, Secunderabad_ I!:.._91,"t 9pl9t{ Ensineer South centrar, secunderabad _5OOO71 Railway Rail Nilayam Jl;t 3#:tJ:"'' Railwav Manaser Vijavawada, Division south centrat Raitway r R a i rwa v M a n a s e rs orri ce il[?-:'b Bi:i':0i:,:1,%ffi "g,YsH,Lj:r*:'; :" ", One CC to Ms. RIJBA|NA S.KHATOON, Advocate tOpUCl One CC to Ms. N.SASIKALA, Advocate IOPUCI One CC to SRt pFIASAD RAO VEMULApALL|, Advocate [OpUC] One CC tO SRI t\.RADHAKRISHNA NiluRrHy, Advocate [opuct Two CD Copies 2 3 4 5 6 7 B I BSR BS HIGH COURT DATED:2BtO4tZO2S ,i 22 stP zffi Z2 * L)sJ- P,r,r a .1il') \ '-' / ORDER WP.No.17858 of 2014 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS LL nled