Leave Petition2

1
IN THE HON’BLE HIGH COURT OF ANDHRA PRADESH AT

AMARAVATI
IA NO. Of 2024
In
W.P.No 786 OF 2023
BETWEEN:
Boggavarapu Srivasa Rao
S/o Purnachandra Rao, aged about 44 years,
R/o D.No.19-163, Near Water Tank,
Piduguralla, Palnadu District and 2 Others
…PETITIONERS
AND
Union of India rep by Ministry of Railways,
Rep by its Secretary to Govt of India,
Department of Railways, Rail Bhavan,
New Delhi and 3 Others
…RESPONDENTS
AFFIDAVIT
I, Edula Sudarshan Reddy , S/o E.V Ramana Reddy, aged: 37

yrs, Occ: Divisional Engineer/ North, Guntur Division, South Central
Railway, R/o. Pattabhipuram, Guntur, Andhra Pradesh – 522006, do
hereby solemnly affirm and sincerely oath as follows
That, I am working as Divisional Engineer/West and also

respondent-3 herein. Since I am dealing with the case, I am well
acquainted with the facts of the case and I am also authorized and
competent as per Railway Board Letter dated 04.06.1992 to sign
this affidavit on behalf of all the Respondents.
ATTESTOR DEPONENT
ATTESTOR DEPONENT
ATTESTOR DEPONENT
2
1. I humbly submit that the present writ petition is filed by the

petitioner on 03.01.2023 wherein he has been praying the Hon’ble
High Court to issue a writ, order or direction more particularly one in
the nature of WRIT OF MANDAMUS declaring the actions of the
respondents in trying to construct a compound wall on western side
of the petitioners' properties in D.No. 165/43 of an extent of 195.63
Sq.yards, D.No. 165/43 of an extent of 96.8 Sq.yards of site and
D.No. 165/43 of an extent of 196 Sq.yards of site situate at Old
Railway Station Road, Piduguralla, Palnadu District without following
due process of law as illegal, arbitrary, unconstitutional and
consequently direct the respondents not to construct a compound
wall on western side of the petitioners' property in D.No. 165/4'3
situate at Old Railway Station Road, Piduguralla, Palnadu District
without following due process of law and to pass such other and
further order/s as this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case and in the interest of justice.
3..I humbly submit that the Hon’ble Court vide orders dated
27.02.2023 had granted three week time to file counter affidavit and
said case is last listed on 21.04.2023 for filing counter affidavit and
further the case is not listed. After receiving the Writ Petition, I
directed the field supervisors to verify the claim of the Petitioner as
prayed in the Writ Petitioner and further directed them to furnish
remarks to the writ petition. The said filed officials conducted
enquiry and found that the Petitioner have a public way to ingress or
egress to their properties and furnished remarks to office. Based on
the said remarks, Parawise remarks have prepared and sent to
Advocate for preparation of draft counter and the draft counter has
been received from Advocate in the month of October,2024 and
later same was sent to law officer for
ATTESTOR DEPONENT
ATTESTOR DEPONENT
ATTESTOR DEPONENT
3
Verification and vetting. The vetted draft counter received from law
officer on 25.11.2024.
4. I humbly submit that, the delay in filing of the Counter Affidavit is

neither wanton nor wilful, but only due to the reasons beyond the
control of the Respondents 1 to 4.
5. I respectfully submit that Respondents seriously deny the

contentions/stand taken by the petitioner in the present WP.
Therefore, the Counter of the Respondents 1& 4 is very much
required for adjudicating present Writ Petition and if the same is not
brought on record, it would cause serious loss and hardships to the
Respondents1 to 4 and also will have adverse effect on the interests
of the respondents 1to 4 herein.
6. I respectfully submit that the delay in filing the counter affidavit is

neither wanton nor wilful and that the petitioners/respondents have
utmost respect towards the Hon’ble High Court and crave leave of
this Hon’ble Court as per rule 12 (3) (ii) of the Writ Proceedings
Rules, 1977, High Court of Andhra Pradesh to file the Counter
Affidavit after the stipulated 120 days as per rule 12 (i) (a) of the
Writ Proceedings Rules, 1977, High Court of Andhra Pradesh,
expired.
For the above submitted reasons, it is humbly prayed that the

Hon’ble Court may be pleased to grant leave to the Respondents 1
to 4 to file their Counter Affidavit and pass such other orders as the
Court deems fit and proper in the interest of justice and in the
circumstances of the case.
DEPONENT
Sworn and signed before me

on this the day of December, 2024.
ATTESTOR DEPONENT
ATTESTOR DEPONENT
4
ATTESTOR
MEMORANDUM OF WRIT PETITION MISC. PETITION
(FILED U/S. 151 OF THE CPC, 1908)
IN THE HON’BLE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI
I.A.NO. OF 2024
IN
W.P.No. OF 2023
1.Union of India, Ministry of Railways,

Rep.by its Secretary to Govt. of India,
Department of Railways,
Rail Bhavan, New Delhi.
2) South Central Railway,

Rep.by its Divisional Railway Manager,
Guntur.
3. Senior Divisional Engineer, Coordination,

South Central Railway,
Guntur
4) The Station Master,

Piduguralla Railway Station,
Piduguralla, Palnadu District
… Petitioners/Respondents
AND
1. Boggavarapu Srinivasa Rao, S/o Purnachandra Rao,

aged about 44 years,
R/o D.No. 19-163, Near Water Tank,
2. KothaRamanjaneyulu, S/o Seetharamaiah,

aged about 57 years, R/o D.No. 8-303,
Brahmamgari Gudi Bazaar,
ATTESTOR DEPONENT
ATTESTOR DEPONENT
5
3) Vutukuri Venkata Lakshmi Nalasimha Rao,

S/o Kasi Viswanadham, aged about 55 years,
R/o D.No. 4-54/11,
Sivalayam Street, Piduguralla, Palnadu District
. … Respondent/Petitioners
LEAVE PETITION
For the reasons stated in the accompanying Affidavit, it is

humbly prayed that the Hon’ble Court may be pleased to grant
leave to the Petitioners/Respondents 1 to 4 herein to file its Counter
Affidavit and pass such other orders as the Court deems fit and
proper in the interest of justice and in the circumstances of the
case.
Counsel for Petitioners/Respondents
Guntur
.12.2024
ATTESTOR DEPONENT
ATTESTOR DEPONENT
6
IN THE HON’BLE HIGH COURT OF

ANDHRA PRADESH AT
AMARAVATI
IA NO of 2024
IN
W.P.No 786 OF 2023
BETWEEN:
Boggavarapu Srivasa Rao and
2 Others
…PETITIONERS
AND
Union of India
Rep by its Secretary to Govt of India,
And 3 Others
…RESPONDENTS
LEAVE PETITION
Filed on :
Filed by :
ATTESTOR DEPONENT
ATTESTOR DEPONENT

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1

IN THE HON’BLE HIGH COURT OF ANDHRA PRADESH AT

W.P.No 786 OF 2023

I, Edula Sudarshan Reddy , S/o E.V Ramana Reddy, aged: 37

That, I am working as Divisional Engineer/West and also

1. I humbly submit that the present writ petition is filed by the

4. I humbly submit that, the delay in filing of the Counter Affidavit is

5. I respectfully submit that Respondents seriously deny the

6. I respectfully submit that the delay in filing the counter affidavit is

For the above submitted reasons, it is humbly prayed that the

Sworn and signed before me

IN THE HON’BLE HIGH COURT OF ANDHRA PRADESH

1.Union of India, Ministry of Railways,

2) South Central Railway,

3. Senior Divisional Engineer, Coordination,

4) The Station Master,

1. Boggavarapu Srinivasa Rao, S/o Purnachandra Rao,

2. KothaRamanjaneyulu, S/o Seetharamaiah,

3) Vutukuri Venkata Lakshmi Nalasimha Rao,

For the reasons stated in the accompanying Affidavit, it is

Counsel for Petitioners/Respondents

IN THE HON’BLE HIGH COURT OF

W.P.No 786 OF 2023

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