Andhra Pradesh High Court - Amravati
Pavan Industries. Proprietorship Firm vs Union Of India on 29 December, 2025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
MONDAY ,THE TWENTYNINTH DAY OF DECEMBER
s
TWO THOUSAND AND TWENTY FIVE 1 y
3
: PRESENT:
THE HONOURABLE SIWT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 35315 OF 2025
Between:
1. Pavan Industries. Proprietorship firm, rep. by its Proprietor now Suravarapu
Murali Naga Pavan Kalyan S/o. Ramesh, 24 years, Plot No. 93, Block No. A2
2 Cross Road, Jawahar Autonagar, Vijayawada.
2. Suravarapu Murali Naga Pavan Kalyan, S/o.
' Ramesh, 24 years. Proprietor,
Pavan Industries, Plot No; 93, Block No. A2, 2 nd
Cross Road, Jawahar
Autonagar, Vijayawada.
3. Suravarapu Ramesh, S/o. Govindarao, 56 years. Business, residing at Door
No. 2-169-4, Syndicate Bank colony, Vijayawada Rural, Ramavarapppadu,
Krishna District, Andhra Pradesh State.
4. Suravarapu Sal Venkata Chiranjeevi, S/o Ramesh, Age 22 years, residing at
Door No. 20-70, Suravarapu Govindarao Marg, Murali Nagar, Kanuru, Krishna
District
...Petitioners
AND
1. UNION OF INDIA,
rep. by Principal Secretary, Department of Indian Railways
New Delhi. 110001
2. Union of India,
rep. by It's chairman Railway Board, Department of Indian
Railways, New Delhi, 110001
3. Union of India,
rep. by It's General Manager Engineering Department,
Department of Indian Railways, New Delhi. 110001
4. Union of India, rep. by It's Deputy Chief Mechanical EngineerA/Vagon
Workshop/Guntupalli, South Central Railway Administration, Department of
Indian Railways, Vijayawada;520001
5. Union of India, rep. by It's the Production EngineerAA/agon
workshop/Guntupalli, South Central Railway Administration, Department of
Indian Railways, Vijayawada.520001
6. Unionof India, rep. by It's Southern Railway, Senior DME/MAS Office of the
Senior Divisional Material Manager Divisional Railway Manager Office
Chennai Division Park Town, Chennai.600001
7. Union of India, rep. by South Central Railway Administration, It's Deputy Chief
Mechanical EngineerAA/agon Workshop/Guntupalli, Department of Indian
Railways, Vijayawada.520001
8. Union of India, rep. by It's South Western Railway,. Senior Divisional
Mechanical Engineer, Co-ordination Hubli, Hubli.580009
9. Union of India, rep. by It's Southern Railway, Works Manager/ Wagon
Carriage and Wagon Works, Perambur. 600011
10. Union of India, rep. by It's South Central Railway The Production
Engineer/Wagon Workshop/Guntupalli, South Central RailwayAdminis tration,
Department of Indian Railways, Vijayawada 520001
...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 issue writ or direction especially one in the nature of writ of Mandamus declaring
the impugned condition no. 9 in Indian Railways standard general conditions of
nd
contract Dt 27-04-2022 New Delhi Engineering Department passed by the 2
respondent railway board issued through the engineering department Ministry of
Railways, Railway Board 3'''' respondent herein, as illegal, arbitrary, unconstitutional
and violative of Article 14, 19, 21, 300 and against to the Government of India
Central Board of indirect Taxes and Customs GST Policy wing circular No.
96/15/2019- GST, and contrary to Section 37 and 40 of Indian Contract Act 1872 and
against to the law laid down by the Rajasthan High Court Bench at Jaipur order
passed in S.B. Civil Writ Petition No.7290/2021 Orders Dt 16-07-2021, 26-08-2021.
And (a) consequently direct the respondents to not to obstruct the 1®' and 2"'^
petitioners existing works including payment of bills, all other financial transactions
being carried out, from the deceased Suravarapu Aruna estate covered under
contract of agreement top sheet which consisted all particulars of the contract works
details no. s (i)RYPS/MECH/20 1/Bog ieActivities/2023, Dt 29-11- 2023, executed
and issued by 5th respondent (ii)RYPS/MECH/210/CBC/2024 Dt 08-05-2024,
executed and issued by 5th respondent (iii)RYPS/MECH/2 1 2/Wheel/2024 Dt 20-
06-2024, executed and issued by 5 respondent (iv) Contract No. GEMC-
th
511687741254148 Dt 24-04-2024, executed and issued by 6 respondent obtained th
by the deceased mother of the petitioner from the respondent s authorities which
were obtained as a legal heir with no objection issued by the 3'" and 4"^^ petitioners
herein.
(b) to direct the respondents to implement all the existing contract works including
the financial liabilities which
were ratified by the 5'^ respondent by virtue of
subsidiary agreements executed on Dt 09-07-2024, 15-10-2024, 11-12-2024, 23-04-
2025, 09-07-2025, relates to Agreement No. (i)
RYPS/MECH/201/BogieActivities/2023, Dt 29-11-2023 by the 5t respondent infavour
of 1®'p®fitioner's firm being handled by the 2 petitioner.
nd
(c) to direct the respondents to implement all the existing contract works including
the financial liabilities which
were ratiifed by the 5*^ respondent by virtue of subsidiary
agreements executed on Dt 15-10-2024, 23-04-2025, relates to Agreement No. (ii)
RYPS/MECH/210/CBC/2024, Dt 08-05-2024, by the 5 th
respondent in favour of 1®'
petitioner's firm being handled by the 2"^ petitioner.
(d) to direct the respondents to implement all the existing contract works including
the financial liabilities which
were ratified by the 5'^ respondent by virtue of subsidiary
agreements executed on Dt 15-10-2024, 05-07-2025, relates to Agreement
No.Oii)RYPS/MECH/212/Wheel/2024, Dt 20-06-2024, by the S'" respondent in favour
of 1®' petitioner's firm being handled by the 2 nd
petitioner.
(e) to direct the respondents to implement all the existing contract works including
the financial liabilities which was,: executed by the 6*^ respondent relates to
Agreement No.(iv)Contract No. GEMQ- 511687741254148 Dt 24-04-2024.
(f) to direct the respondents to not to obstruct the 1®* and 2"'' petitioners existing
works at present obtained by 1®' petitioner's firm being operated by 2 nd petitioner
including payment of bills, all other financial transactions covered under contract
agreement no.'s top sheet(i) RYPS/MECH/224/75 Man/2025, Date 08-09- 2025
executed by 7'^ respondent, (ii) H/M. 13/P/BULK RSP ROH/HPT Dated 23-10-2025
executed by 8^'^ respondent, (iii)CW/PR/GL/565/WC/CBCD and F/2025A/ol.lll Date
13-11-2025 executed by 9th respondent, (iv) Letter of Acceptance of work order
issued by 10'^ respondent under letter no. W-WSHOP- RYPS-MECHAN ICAL/M240-
BRN-17-Dt17-09-25/01240480144449 Dated 19-11-2025.
(g) to direct the respondents to delete, remove, struck down the condition no. 9
mentioned in Indian Railways standard Conditions of Contract GCC 27-04-2022 New
Delhi Engineering Department for the fair protection of engineering contract works
trade Rights Protection of the 1®' and 2""' petitioners.
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 pass
an order to suspend the condition no. 9 mentioned in Indian Railways standard
Conditions of Contract GCC 27-04-2022 New Delhi Engineering Department passed
by the 2^^ respondent pending disposal of WP 35315 of 2025, on the file of the High
Court.
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 to pass an
order to direct the respondents to allow the 1®* petitioner firm to participate into the
prospective tender works of railways as and when they call without threat from the
condition no. 9 mentioned in Indian Railways standard Conditions of Contract GCC
27-04-2022 New Delhi Engineering Department passed by the 2"'^ respondent
pending disposal of WP 35315 of 2025, on the file of the High Court.
lA NO: 3 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 pass an
order to direct the respondents not to take any coercive steps, to allow the 1 and St
2'^'* petitioners to perform their railway contract works which were given to the 1 St
petitioner firm being managed by the 2"'* petitioner including the financial liabilities
which were ratified by the 5'^ respondent by virtue of subsidiary agreements
executed on Dt; 09-07-2024, 15-10-2024, 11-12-2024, 23-04-2025, 09-07-2025,
relates to Agreement No. (i) RYPS/MECH/201/BogieActivities/2023, Dt; 29-11-2023
by the O**" respondent in favour of 1 St
petitioner's firm being handled by the 2
nd
petitioner, subsidiary agreerrients executed by 5 respondent on Dt; 15-10-2024
th
23-04-2025, relates to Agreement No. (ii) RYPS/MECH/210/CBC/2024 Dt;08-05-
202, in favour of 1®' petitioner's firrri being handled by the 2 petitioner, subsidiary
nd
agreements executed by 5*^ respondent on Dt; 15-10-2024, 05-07-2025, relates to
Agreement No.(iii) RYPS/MECH/212/Wheel/2024, Dt;. 20-06-2024, in favour of 1 St
petitioner's firm being handled by the 2"'" petitioner. Agreement No. executed by 6 th
respondent(iv) Contract No. GEMC-511687741254148 Dt; 24-04-2024 pending
disposal of WP 35315 of 2025, on the file of the High Court.
lA NO: 4 OF 2025
Petition under Section 151 CPC p.raying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to pass an
order to direct the respondents not to take any coercive steps, to allow the 1 St and
2 petitioners to perform their railway contract works which were given to the 1®'
petitioner firm being managed by the 2 petitioner including the financial liabilities to
nd
direct the respondents to not to obstruct the and 2"" petitioners existing works at
present obtained by 1®' petitioner's firm being operated by 2 nd
petitioner including
payment of bills, all other financial transactions covered under contract agreement
no.
s top sheet(i) RYPS/MECH/224/75 Man/2025, Date; 08-09-2025 executed by 7 th
respondent, (ii) H/M. 13/P/BULK RSP ROH/HPT Dated; 23-10-2025 executed by 8 th
respondent, (iii)
executed by 9
CW/PR/GL/565/WC/CBCD8F/2025/VOI Date; 13-11-2025
respondent, (iv) Letter of Acceptanoe
respondent under letter W-WSHOP of work order issued by lo''"
25/01240480144449 Dated 1 g ,
no.
7-09.
on the file of the High Court. '■ ''^"'''"9 of WP 35315 of 2025
The petition
coming on for hearing, upon
upi perusing the Petition
affidavit filed i and the
'u support thereof and the
18.12,2025 made herein and upon hearingOrders of the High Court dated
the
SURI BABU Advocate arguments of Sri Dr MAJJi
for the Petitioners, Additional Solicitor General of India
Respondent Nos. for the
1 to 10 and the Court
made the following
ORDER;
Interim order
granted earlier is extended for
Post the matter after Sankranth i Vacation. a period often (10) weeks.
SD/- P.Vl^^OD KUMAR
//TRUE COPY// DEPUTY^EGiSTRAR
To, SECTIjS^FiCER
T OneCCto Sri.
Dr Majji Suri Babu Advocate fOPUC]
2. One CC to Sri. Additional
Solicitor General of India Advocate fOPUCJ
3. One spare copy
HIGH COURT
JS,J
DATED:29/12/2025
Post the matter after Sankranthi Vacation.
ORDER
WP.No.35315 of 2025
INTERIM ORDER EXTENDED 3cl +/