The High Court disposed of a Writ Petition seeking to declare the temporary closure of a level crossing illegal. The Court noted the closure was for maintenance and would reopen soon, finding no need to pass specific orders.
Writ Petition dismissed without specific orders as the level crossing closure was temporary imputed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURTFOR THE STATE OF TELANGANA AT HYDERABAD
(SPecial OriginalJurisdiction)
FRIDAY,THE FOURTH DAY OF N/ARCH TWO THOUSANDAND TWENTY TWO
PRESENT
THE HONOURABLEDR. JUSTICE SHAMEEM AKTHER
WRIT PETITION NO:1124s oF 2022
Between:
vears, Occ.nto i. " ielangana- 503001.
...PETlTloNER(S)
AND
...RESPONDENTS
,'PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesstated in the affidavitfiled therewith' the High Court maybe pleased to issuea Writ / Order/s more particularlyone in the natureof Writof Mandamusdeclaringthe action of the Respondentsin seeking to permanently close LevelCrossing Gate No' 4JB at Km 5/450-5OObetweenJanakampet- Bodhan situatedat Nizamabad District, Terangana,for road traffic on 28.02.2022 pursuant to thenotice of the Respondent No' 3 bearing No' NB/21NZB/LC galesl2O}Z daled23'02'2022 as being illegal' arbitrary andunconstitutiona I and to consequentlydirect the Respondents not to close the Level CrossingGate No' 4JB at Km.5/450-500 on the road betweenJanakampet-Bod han situatedat NizamabadDistrict,Telangana' for road traffic'
IA NO: 10F 2022
PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavitfiled in support of the petition, the High courtmay be pleased to issue interimdirections directing the Respondentsnot to close the Level CrossingGate No.4JBat Km 5/450-500 on the road between Janakampet- Bodhansituated at Nizamabad District' Telangana' for road traffic' pending disposalof this Writ Petition'
Counselfor the Petitioner(s):SRI R' SUSHANTH REDDY
Counselfor the Respondent Nos'1 to 3: NAMAVARAPU RAJESHWARRAO 'ils-scrr REP BY T. sURYA KARAN REDDY' REPTNd ;Ri;1inxer'r oE n' cENTRALG ovr' cou NSEL
Counselfor the Respondent Nos' 4 & 5: GP FORROADS AND BUILDINGS The Courtmade the following: ORDER
THE HON,BLEDT. JUSTICE SHAMEEM AKTHER
P T 1 2 F
ORDER:
/
ThisWritPetitionisfiledbythepetitionersseekingaWritof Mandamusto declare the action of the respondentsin intendingto permanentlyclose the L-evelCrossingGate No'4lB at Km'5/450-500 betweenJanakampet-Bodhan situated atNizamabadDistrict' Telangana,for road traffic from 28'02'2022' pursuant to the notice of therespondent No'3 bearing No'NB/21INZB/LCGates/2022'daled 23.02.2022,as illegal and arbitraryand consequently' to directthe respondentsnot to closethe subject gate'
3" SriT' Surya KaranReddy' learned Additional Solicitor General of India,representing Sri B' lithender'learned Central Government Counsel,would submltthat' in fact' the subject Level CrossingGate No.4JBwasclosedfortheperiodbetween2s,02'2022and It will 06.03.2022for the pLlrposeof overhaulingand maintenance' theimPugned Proceedings bereoPenedon07.03.2022.Further, subjectgate was lssued showing Permanentclosing ofthe erroneouslY.
/
MiscellaneousPetitions,if any, pendingin this Writ Petition
shall stand closed.There shall be no order as to costs'
To,
SD/.MOHD.SANAULLAH ANSARI ASSISTANT REGISTRAR /iTRUE COPYi/ r\
SECTION OFFICER
I
I
___-.#
HIGH COURT
DATED:0410312022
ORDER
1 \rE air., / ,_J
)cu 1i, v ' '!1"1?. a
.b
tr: .IPATCF
WP.No.11245 ot 2022
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS.
(1.4 )
a ult
1 issue framed by the court
Whether a writ petition seeking declaration of level crossing closure as illegal and arbitrary requires specific orders when the closure is temporary.
Kola Indra Karan and others
Union of India
Divisional Railway Manager, South Central Railway
Senior Section Engineer (Permanent Way), South Central Railway
State of Telangana
Superintending Engineer, Regional Roads and Buildings Office
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
