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2025 DAILYLAW 46110 (AP)

Neeli Nageswara Rao, v. Senior Divisional Engineer, South Central Railways,

WP/20197/2014 · 2025-09-22

Sumathi Jagadam

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Judgment text

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APHC010029432014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20197/2014 Between: 1. NEELI NAGESWARA RAO,, S/O RAMANAIAH, AGED ABOUT 57 YEARS, OCC: POINTSMAN, R/O 8-B, RAILWAY QUARTERS, KODAVALURU, SPSR NELLORE DISTRICT 2. A. PAVITRA KUMAR, S/O PRABHUDAS, AGED ABOUT 27 YEARS, OCC: GATEMAN, R/O KODAVALURU, SPSR NELLORE DISTRICT. 3. CH. YALAMANDAIAH, S/O BALAKOTAIAH, AGED ABOUT 52 YEARS, OCC: KEYMAN, R/O REGADICHILAKA, KODAVALURU, SPSR NELLORE DISTRICT. 4. T. JAYARAJ, S/O KRISHNAIAH, AGED ABOUT 37 YEARS, OCC: GATEMAN, R/O KRISHNAPATNAM PORT, KODAVALURU, SPSR NELLORE DISTRICT. 5. C. VENKAIAH,, AGED ABOUT 40 YEARS, OCC: PW INSPECTOR, R/O NELLORE, SPSR NELLORE DISTRICT, 6. G. SRINIVASULU,, S/O RAMANAIAH, AGED ABOUT 48 YEARS, OCC: PW WATCHMAN, R/O PW BITRAGUNTA, BITRAGUNTA MANDAL, SPSR NELLORE DISTRICT. 7. A. ANTHONY,, OCC: POINTSMAN, R/O BITRAGUNTA, BITRAGUNTA MANDAL, SPSR NELLORE DISTRICT. 8. K. DEIEEP KUMAR,, S/O CHARLES AGED ABOUT 42 YEAS, OCC: OFFICE CLERK, R/O VIJAYAWADA, KRISHNA DISTRICT. 9. A. RAMANAMMA, W/O PRABHAKAR, AGED ABOUT 45 YEARS, OCC: SAFAIWALA, R/O KODAVALURU, SPSR NELLORE 2 JS,J W.P.No.20197/2014 DISTRICT. 10. C. LAKSHMAIAH, S/O RAMAIAH, AGED ABOUT 58 YEARS, OCC: POINTSMAN, R/O GUDURU, SPSR NELLORE DISTRICT. 11. V.L. NARASAIAH,, S/O YANADI, AGED ABOUT 52 YEARS, OCC: POINTMAN, R/O NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. SENIOR DIVISIONAL ENGINEER SOUTH CENTRAL RAILWAYS, VIJAYAWADA, KRISHNA DISTRICT. A.P. 2. ASSISTANT DIVISIONAL ENGINEER NELLORE, SPSR NELLORE DISTRICT, A.P. 3. THE DIVISIONAL MANAGER SOUTH CENTRAL RAILWAYS, SECUNDERABAD, HYDERABAD. ...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 to issue any Writ, Order or direction more particularly a Writ in the nature of Mandamus by declaring the action of issuing notification No. GMF/NLR by the ADEN/NLR Dt. 6-6-2014 inviting applications for leasing out the plots of land already leased out to petitioners herein for fresh lease during the existence of the lease in favour of the petitioners herein for further three years period i.e. up to 2018 regarding small extents of lands i.e. an extent of 2898 sq. meters or 0.28 hectares located at 182/14-18; an extent of 43308 sq. m. or 0.43 h. in RS.No. 339/2 located at 185/17-21; an extent of 1983 sq. m. or 0.19 h. covered by RS.No. 339/2 located at 185/35, 186/1; an extent 1239 sq. m. or 0.12 h. covered by RS.No. 399/2 located at 185/17-15; an extent of 1821 sq. m. or 0.18 h. covered by RS.No. 339/2 located at 185/26-28; an extent of 1600 sq. m. or 0.16 h. covered by RS.No. 399/2 located at 185/28- 32; an extent of 3813 sq. m. or 0.38 h. in RS.No. 339/2 located at 185/18-22; an extent of 6030 sq. m. or 0.6 h. in RS.No. 14-A located at 187/8-16; an extent of 5625 sq. m. or 0.57 h. in RS.No. 52/2 located at 190/5-11; an extent of 1008 sq. m. or 0.5 h. in RS.No. 446/2 located at 186/26-28 and an extent of 4532 sq. m. or 0.45 h. in RS.No. 399/2 located at 186/6-16 as arbitrary, unreasonable, illegal and unconstitutional and set aside the same and pass 3 JS,J W.P.No.20197/2014 IA NO: 1 OF 2014(WPMP 25333 OF 2014 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 stay of all further proceedings in pursuance of the notification No. GMF/NLR of Assistant Divisional Engineer, Nellore District Dt. 6-6-2014 by directing the respondents not to dispossess the petitioners from the extents of lands allotted to them orally For cultivation under the GMF Scheme by the Senior Divisional Engineer/South/BZA-2013 i.e. an extent of 2898 sq. meters or 0.28 hectares located at 182/14- 18; an extent of 43308 sq. m. or 0.43 h. in RS.No. 339/2 located at 185/17-21; an extent of 1983 sq. m. or 0.19 h. covered by RS.No. 339/2 located at 185/35, 186/1; an extent 1239 sq. m. or 0.12 h. covered by RS.No. 399/2 located at 185/17-15; an extent of 1821 sq. m. or 0.18 h. covered by RS.No. 339/2 located at 185/26-28; an extent of 1600 sq. m. or 0.16 h. covered by RS.No. 399/2 located at 185/28-32; an extent of 3813 sq. m. or 0.38 h. in RS.No. 339/2 located at 185/18-22; an extent of 6030 sq. m. or 0.6 h. in RS.No. 14-A located at 187/8-16; an extent of 5625 sq. m. or 0.57 h, in RS.No. 52/2 located at 190/5-11; an extent of 1008 sq. m. or 0.5 h. in RS.No. 446/2 located at 186/26-28 and an extent of 4532 sq. m. or 0.45 h. in RS.No. 399/2 located at 186/6-16, pending disposal of the main Writ Petition and pass IA NO: 4 OF 2014(WPMP 113072 OF 2014 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 Counsel for the Petitioner(S): 1. Y SUBRAHMANYAM Counsel for the Respondent(S): 1. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) 4 JS,J W.P.No.20197/2014 The Court made the following ORDER: Learned counsel for the petitioners submits that the Indian Railways had taken a policy decision for utilization of vacant/surplus Railway land under Grow More Food Scheme by allotting land to its employees with certain conditions. The said land was initially allotted for a period of 5 years. The respondents have issued notification vide No.GMF/NLR by the ADEN/NLR dated 06.06.2014 inviting applications from the interested railway employees for licensing of surplus land from Bitragunta to Gudur for cultivation purpose which includes a small extent of land leased out to the petitioners. Learned counsel further submits that the petitioners have invested huge sum of money to cultivate the lands and filed the writ petition not to dispossess from the lands allotted to the petitioners. 2. On the other hand, Sri Jupudi V.K. Yagnadutt, learned Central Government Standing Counsel appearing for the respondents, on instructions, submits that the land is vacant and the same is under the custody of the Railway Authorities. He further submits that the respondents have discontinued the scheme in the year 2015 itself. 3. In view of the above submissions, since the scheme is discontinued in the year 2015, the cause in the writ petition does not survive for adjudication. 5. Accordingly, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 23.09.2025 KAS 5 JS,J W.P.No.20197/2014 596 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20197/2014 Date: 23.09.2025 KAS