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 writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in issuing Proceedings in No. A / BR i GNT / Matrix i MRGA / Dues, dt.07i0212025 as illegal, arbitrary and contrary to the South Central Railway Private Siding Agreement dt.1910312020 and consequently set aside the same lA NO: 1 OF 2025 Petition under {iection 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to suspend the Proceedings in No.A/BR/GNT/Matrix/MRGA/Dues, d1.0710212o25 issued by the Sth respondent pending disposal of the above writ petition Counsel for the Petitioner: SRl. POLISETTY RADHA KRISHNA Counsel for the Respondents: Ms. N.V.R. RAJYA LAKSHMI The Court made the following: ORDER HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITIO N No.7626 of 2025 ORDER: Heard learned counsel for the petitioner and MS.NVR Rajya Lakshmi, Iearned counsel appearing on behalf of responclents. with the consent of the parties, the writ petition is being taken up for clisposal at the admission stage itself- 2 This writ petition is filed seeking the following prayer:- 'ty ttedare the action of the respondents in issuing proceedings in No.ffiR/GNf,rNlatrix,MRGAfl)ues, dt 07.02.2025 ns illegal, a.rbitrary and contrary to the South Centrnl Raihuny prionte Siing Agreement dt 19.03.2020 and consequently set nside tlrc same.,,

3. Brief facts in this writ petition are that the petitioner with an intention for having private siding of 520.00 kilometer between Vishnupuram station, Thipparth and Miryalaguda station entered an agreemcnt with south central Railwal, i.e., respondent No.3 zride agreenent datecl 19.03.2020. T'hereafter, the said siding track was maintained by the peiitioner at his cost and track fitness certificate was also issued by the senior scction Engineer from 2020 to

76.06.2024. while things stood thus, respondent authorities issuecl notices bearing No.A/BR/GNT/Matrix/MRGA,/Dues dated 22.70.2024 and

07.022025, clemanding an amount of Rs.2,27,77,305/- towards ar.rears of inspection and rnaintenance charges ancl cost of staff as on date. Aggrieveci by the same, this writ petition is filed. i.22i 4 Learned counsel for the petitioner has drawn attention of this Court to Clause 36 of the agreemer-rt dated 19.03.2020 and stated that a1 the tirne of signing the ag1'e3ment the same was kept blank and thereafter in the blank place it is statetl that 'the ngreement shall be deemed Lo haae come into force on nnrl fro m 3 0. 0 5. 20 0 5 Lt r af t N o tif ca tio n N o. 7 /2005' .

5. Learned counsel for the petitioner submits that the sail arreerrs of inspection and rnaintenance charges are not part and parcel c,f agreement dated 19.03.2020 and that the maintenance was conducted by the petitioner at his own cost as pel directions of the respondents

6. Lcarned c(rLrrlsel appearing for respondents submits that the petitioner had not su brnitted any written explanation to the Noti,:es bearing No.A/BR/GNT/Ir4arix/MRGA/Dues dated 22.70.2024 and 07 02.2025 and directly has filed this u,rit petition

7. At this skrge,,learned counsel for the- petitioner seeks pi:rmission of this Court to submit written explanation to the Notir es bearing No.A/BR/GNT,zMatrix,/MRGA/Dues dated 22.70.2024 and 07 02.2025 and pray this Court t,: direct the respondent authorities to consider tire same and pass orders in a time bound period

8. Recording the submission made by learned counsel appearir.rg on either side and rvithout expressing any opinion on the merits of the case, this writ petition t t disposed of with a liberh' to the \ ::3:: petitioner to putforth his explanation to the notices bearing No A/BR/GNT/Matrix/MRGA/Dues dated 22.70.2024 and. 07.02.2025, within a period of two (02) weeks from the date of receipt of copy of this order and on such explanation, the respondent authorities are directed to ilispose the same and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably, within a period of four (04) weeks from the date of receipt of a copy of petitioner,s explanation and communicate the same to petitioner. It is made clear that since the agreement is in vogue, the respondent authorities shall not take any cocrcivc steps in connection to the notice dated 22.10.2024 and. 07.02.2025. It is atso made crear that till the date of submission of the explanation, the respondent authorities shall not claim any further amount from the petitioner and sharl not stop the sicling allotted to the petitioner in terms of the agreement clated 19.03.2020. 9 Accordingly, the writ petition is disposed of. Miscefianeous petitions, if any, pending in this writ petition shall stand closed. No costs //TRUE COPY// SD/. A. SRINIVAS REDDY ASSIS ANT REGISTRAR SECTION OFFICER To, Telangana. Railways, New Delhi. SecunderaDacl, I elanqana. 'l . The Managing Direclor, Union of India, Ministry of Transport, lndian Z lng General Manager, South Central Railway, Railnilayam, Secunderabad, 3. The Deputy Chief Commercial Manager (FS), South Central Railway, + Ing D.ivisi.gnal Railwa! Manager, South Central Raitway, Guntur Division, 5. The Senior Divisional Finance Manager, South Central Railway, D.R.M. 6. One CC to SRl. POLISETTY RADHA KR|SHNA, Advocate [OPUC] 7. One CC to Ms. N.V.R RAJYA LAKSHM|, Advocate tOpUCi B. Two CD Copies D.R.M. Office, Guntur-S22 006, Andhra pradesh. Office, Guntur- 522 006, Andhra prad-esh. BM KKS w CC TODAY $E srAI€' 1 1 I tlAR 2025 ((' z .li.) ., .,'r-r ,.,l{-'r .t ,:i) "+i;-.ri;i: i:: :) o, HIGH COURT DATED:1710312025 ORDER WP.No.7626 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \