APHC010343782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17622 OF 2024 Between: Sri Varalakshmi Book Stall, represented by its managing partner, V Renuka alias K Renuka office at 89, Pappula Street Stonehousepet, Nellore 524002. Main Road, ...Petitioner AND 1. Union of India, Represented by the Secretary, Ministry of Railways, (Railway Board), Central Secretariat, New Delhi -100001 2. General Manager, South Central Railways, Rail Nilayam, Secundrabad, Telangana. 3. The Senior Divisional Commercial Manager, Divisional office. South Central Railway, Vijayawada, Andhra Pradesh. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass as order or direction more particularly one in the nature of Mandamus declaring action of the respondent in forcefully entering the petitioner in the rider agreement by the petitioner herein for the MPS of the petitioner at PF No. 1 at Nellore railway station, without considering the period of closer as per dies-non norms i.e. from 23-03-2020 to 11-1-2022, and -r without calculating the closer of the stall for the re-development of PF No.1 at Nellore railways, station and re-location of the stall of the petitioner on PF No.1, near SMR office, i.e. from 25-10-2022 to 1-4-2023 as illegal, arbitrary, violation of principles of natural justice, violation of Articles 14,19(1)(g) and 21 of the Constitution of India and quash the undated rider agreement between the petitioner and the respondent authorities herein and consequently direct the Respondents to consider the case of the petitioner and to extend the license period for 816 days. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to consider the representation of the petitioner, dated 20-6- 2023, 05-11-2022, pending disposal of the writ petition. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to maintain status quo and to permit the petitioner to run the business in the PF No. 1, Multi Purpose Stall, pending disposal of the above writ petition. Counsel for the Petitioner; M/s SRIDEVI JAMPANI Counsel for the Respondents: SRI NARASIMHARAO GUDISEVA (CENTRAL GOVT COUNSEL) The Court made the following order: r APHC010343782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17622/2024 Between: 1.SRI VARALAKSHMI BOOK STALL, REPRESENTED BY ITS MANAGING PARTNER, V RENUKA ALIAS K RENUKA OFFICE AT 89, PAPPULA STREET, MAIN ROAD, STONEHOUSEPET, NELLORE 524002. ...PETITIONER AND 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, (RAILWAY BOARD), CENTRAL SECRETARIAT, NEW DELHI -100001 2.GENERAL MANAGER, SOUTH CENTRAL RAILWAYS, RAIL NILAYAM, SECUNDRABAD, TELANGANA. 3.THE SENIOR DIVISIONAL COMMERCIAL MANAGER, DIVISIONAL OFFICE. SOUTH CENTRAL RAILWAY VIJAYAWADA, ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to pass as order or direction more particularly one in the nature of Mandamus declaring action of the respondent in forcefuily entering the petitioner in the Rider Agreement by the petitioner herein for the MPS of the petitioner at PF No.I at Nellore railway station, without considering the period of closer as per dies-non norms i.e. from 23-03-2020 to 11-1-2022, and without calculationg the closer of the stall for the re-devolpment of PF No.I at Nellore railways, station and re-location of the stall of the petitioner on PF No.1, near SMR office, i.e. from 25-10-2022 to 1-4- 2023 as illegal, arbitrary, violation of principles of natural justice, violation of Articles 14,19(1 )(g) and 21 of the Constitution of India and quash the undated Rider Agreement between the petitioner and the respondent authorities herein and consequently direct the Respondents to consider the case of the petititioner and to extend the licence period for 816 days and to pass 2 NV, J W.P. No. 17622 of 2024 . s lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents herein to consider the representation of the petitioner, dated 20-6- 2023, 05-11-2022, pending disposai of the writ petition and pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to maintain statusquo and to permit the petitioner to run the business in the PF No. 1, Multi Purpose Stall, pending disposal of the above writ petition, and pass such lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave permit to file counter affidavit by the Petitioner/Respondent No.3 in W.P.No. 17622 of 2024 and pass Counsel for the Petitioner: I.SRIDEVi JAMPANI Counsel for the Respondent(S): 1.NARASIMHARAO GUDISEVA (CENTRAL GOVT COUNSEL) The Court made the following: 3 NV, J W.P.No.17622 of 2024 r THE HONOURABLE SRI JUSTICE VENKATESWARLU NI MMAGAD DA WRIT PETITION No.17622 of 2024 ORDER: Heard learned counsel for the petitioner and the learned Standing Counsel for the Central Government appearing for the respondents. The case of the petitioner is that the petitioner was granted 2. leasehold rights/licence in respect of MRS Shop bearing No. SG1MPS002 on Platform No.1 of Nellore Railway Station for a period of five years, i.e., from 01.04.2019 to 31.03.2024. Due to the natural calamity caused by the COVID-19 pandemic, the petitioner was unable to continue his business during certain periods, due to notifications issued time to time by the Union of India. Considering this, the respondent authorities extended the licence 3. period by one more year and executed a Rider Agreement with the petitioner on 13.10.2023. it is categorically stated therein that due to actual loss caused to the petitioner during the non-operational period, the licence of the said MPS shop on Platform No.1 is extended by 487 days, i.e., from 01.04.2024 to 31.07.2025. Accordingly, the original contract period was revised from 01.04.2019 to 31.03.2024 as 01.04.2019 to 31.07.2025. The petitioner had accepted the said Rider Agreement and executed 4. the same and continued and hold the licence till 31.07.2025 pursuant to 4 NV, J W.P. No. 17622 of 2024 the Rider Agreement. But, the petitioner now contends that the actual non- operational days are more than the 487 days as calculated by the respondents. The petitioner further submits that, despite submitting representations on 05.11.2022 and 20.06.2023, the respondents have neither considered the representations nor passed any orders extending the lease for further period nor issued any other proceedings. Hence, the present writ petition. The learned Standing Counsel for Central Government appearing for the respondents filed a counter affidavit stating that during 2020, the 5. said book stall (subsequently converted into a multipurpose stall) remained closed for 487 days in two different spells: from 23.03.2020 to 31.03.2022 (374 days due to the COVID-19 pandemic), and from 25.10.2022 to 14.02.2023 (113 days due to station redevelopment). Accordingly, the licence period was extended by 487 days, up to 31.07.2025, beyond the original contract period ending on 31.03.2024, by granting dies non for the non-operational period. A Rider Agreement dated 13.10.2023 was also executed by the petitioner. 6. The learned Standing Counsel reiterated that the petitioner is entitled only 487 days of extension, as per the terms of Rider Agreement, which was executed and accepted by the petitioner. Therefore, the petitioner cannot be permitted to take ‘U’ turn and seek more than the period what was agreed upon. 5 NV, J W.P. No. 17622 012024 f Considering the submissions of both learned counsel and upon perusal of the material on record, it appears that the petitioner is aggrieved by the fact that the period of non-operation of business was not correctly assessed by the respondents, but no evidence was put forth by the 7. petitioner except making statements. However, it is evident that the respondents have considered the petitioner's request, and a period of extension of 487 days was granted and formalized through an amendment/Rider Agreement to the original agreement for which the petitioner voluntarily accepted and executed on 13.10.2023. Having accepted the period of non-operation and the resultant 8. extension, the petitioner cannot now claim further relief contrary to the agreed terms of Rider Agreement. However, since the petitioner submitted representations for further extension, the respondent authorities are directed to consider and pass appropriate orders in terms of the circulars covering COVID-19 Pandemic related relief/benefits. Accordingly, this Court directs the 3rd respondent to consider the 9. petitioner's representation dated 20.06.2023 (received on 23.06.2023) and pass appropriate orders within one (1) week from the date of receipt of a copy of this order. Until such consideration and passing of orders, the petitioner shall be permitted to continue operations in respect of MPS Shop No. SG1MPS002. 6 NV, J W.P. No. 17622 of 2024 With the above observations, the Writ Petition is disposed of. There 10. shall be no order as to costs. It is needless to observe that after passing orders as directed, the respondents are at liberty to proceed further in accordance with law. 11. The learned Standing Counsel is directed to communicate this order to the concerned authority forthwith. 12. Consequently, all pending miscellaneous petitions, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGiSTRAfR //TRUE COPY// FICER SEC To, 1. The Secretary, Ministry of Railways, (Railway Board), Union of India, Central Secretariat, New Delhi -100001 2. General Manager, South Central Railways, Rail Nilayam, Secundrabad, Telangana. 3. The Senior Divisional Commercial Manager, Divisional office. South Central Railway Vijayawada, Andhra Pradesh. 4. One CC to Sri. Sridevi Jampani Advocate [OPUC] 5. One CC to Sri. Narasimharao Gudiseva (Central Govt Counsel)[OPUC] 6. Two CD Copies gsc HIGH COURT DATED:29/07/2025 ORDER WP NO. 17622 OF 2024 DISPOSING THE WP WITHOUT COSTS