APHC010573312013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NOS: 12564, 12315 and 12593/2013 WRIT PETITION NO: 12564/2013 Between: 1. D.ESWARA REDDY, S/O TATHI REDDY, AGED 37 YEARS, RIO. D.NO. 26/923-21A, MITTAMADI STREET, WARD-26, PRODDATUR MANDAL, KADAPA DISTRICT. ...PETITIONER AND 1. THE APGENCO REP BY ITS MANAGING DIRECTOR, VIDYUT SOUDHA, HYDERABAD. 2. THE CHIEF GENERAL MANAGERHR APGENCO, VIDYUT SOUDHA, HYDERABAD. 3. THE DISTRICT COLLECTOR, KADAPA DISTRICT. 4. THE CHIEF ENGINEER OM, RAYALASEEMA THERMAL POWER PROJECT (RTPP) V.V.REDDY NAGAR, KALAMALLA, KADAPA DISTRICT. ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents in 2 rejecting the candidature of petitioner under land looser category for the post of Junior Plant Attendant notified vide notification No. 01/CGM (HR)/2010, dt. 05-01-2011 and Supplementary Notification No.01/CGM (HR)/2011, dt. 17-10- 2011 on the ground of over age and further action in not considering petitioner for any other suitable post in 1st respondent corporation inspite of acquiring the land of the petitioner for the purpose of 1st respondent corporation as highly illegal, arbitrary and vilative of Article 14 and 16 of the Constitution of India IA NO: 1 OF 2013(WPMP 15495 OF 2013 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 consider the candidature of the petitioner under land looser category for the post of Junior Plant Attendant or any other suitable post under the 1st respondent corporation reckoning the age of the petitioner as on date of Land Acquisition Notification dt. 6-7-2010 pending disposal of the above writ petition Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. K.KRISHNABUSHAN CHOWDARY SC For APGENCO WRIT PETITION NO: 12315/2013 Between: 1. V.CHANDRA MOHAN REDDY, S/O TIPPA REDDY, AGED 36 YEARS, D.NO. 1/75, SIMHADRIPURAM MANDAL, KADAPA DISTRICT. ...PETITIONER AND 1. THE M D APGENCO 3 OTHERS, VIDYUT SOUDHA, HYDERABAD. 2. THE CHIEF GENERAL MANAGERHR APGENCO, VIDYUT SOUDHA, HYDERABAD. 3 3. THE DISTRICT COLLECTOR KADAPA DISTRICT, - 4. THE CHIEF ENGINEER OM, RAYALASEEMA THERMAL POWER PROJECT (RTPP) V.V.REDDY NAGAR, KALAMALLA, KADAPA DISTRICT. ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents in rejecting the candidature of petitioner under land looser category for the post of Junior Plant Attendant notified vide notification No. 01/CGM (HR)/2010, dt. 05-01-2011 and Supplementary Notification No.01/CGM (HR)/2011, dt. 17-10- 2011 on the ground of over aged though petitioner is within the age qualification as on 11-2011 as per terms of notification inspite of acquiring the land of the petitioner for the purpose of 1st respondent corporation as highly illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case. IA NO: 1 OF 2013(WPMP 15213 OF 2013 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 consider the candidature of the petitioner under land looser category for the post of Junior Plant Attendant notified in notification No. 01/CGM (HR)/2010, dt. 5-1-2011 and supplementary notification No.01/CGM (HR)/2011, dt. 17-10-2011 reckoning the age of the petitioner as on 1-1-2011 as per the terms of the notification pending disposal of the above writ petition and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case. Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. C RAGHU(SC FOR AP GENCO) 4 3. K.KRISHNABUSHAN CHOWDARY SC For APGENCO WRIT PETITION NO: 12593/2013 Between: 1. P.VENKATA SUBBAIAH, S/O P.SUBBARAYUDU, AGED 35 YEARS, R/O. D.NO.3/66, KALAMALLA VILLAGE, YERRAGUNTLA MANDAL, KADAPA DISTRICT. ...PETITIONER AND 1. THE APGENCO, REP. BY ITS MANAGING DIRECTOR, VIDYUT SOUDHA, HYDERABAD. 2. THE CHIEF GENERAL MANAGER ADMN, APGENCO, VIDYUT SOUDHA, HYDERABAD. 3. THE DISTRICT COLLECTOR, KADAPA DISTRICT. 4. THE CHIEF ENGINEER OM, RAYALASEEMA THERMAL POWER PROJECT (RTPP) V.V.REDDY NAGAR, KALAMALLA, KADAPA DISTRICT. ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents in not considering the case of the petitioner for appointment under displaced persons category for the post of Junior Plant Attendant notified vide notification dt. 5-1-2011 and supplementary notification dt.17-10-2011 against 50% vacancies earmarked for land loosers/displaced persons in terms of G.O.Ms.No.98, dt. 15-4-1986 and G.O.Ms.No.247, dt. 29-12-2008 inspite of acquiring the land of the petitioner vide award No.31/2012-13, dt. 29-2-2012 as highly illegal, arbitrary and vilative of Article 14 and 16 of the Constitution of India and to pass 5 IA NO: 1 OF 2013(WPMP 15526 OF 2013 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 consider the case of the petitioner for appointment to the post of Junior Plant Attendant notified in notification dt. 5-1-2011 and Supplementary Notification dt.17-10-2011 under displaced persons category by taking the qualifying age of the petitioner as on the date of passing of award as per the G.O.Ms.No.247, dt. 29-12-2008 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent(S): 1. V SESHA KUMARI 2. K.KRISHNABUSHAN CHOWDARY SC For APGENCO The Court made the following: 6 Common Order:- The petitioners are seeking a direction from this Court to the respondents to accommodate them as Junior Plant Attendants under the land loser category. 2. The petitioners claim that the land belonging to them was taken over for the construction of the Rayalaseema Thermal Power Project and that the respondents had issued a notification for filling up the posts of Junior Plant Attendants. 50% of the vacancies were earmarked to be filled up with land losers whose lands were acquired for the construction of the project. 3. The learned Standing Counsel appearing for the respondents submits that one of the similarly placed petitioners had approached this Court by filing W.P. No. 24319 of 2018, and the learned Single Judge of this Court had disposed of the writ petition directing the respondents to consider the case of the petitioners therein in pursuance of G.O.Ms. No. 98. The 1st petitioner in the said writ petition filed W.A. No. 908 of 2023, which was dismissed by the Hon’ble Division Bench of this Court. 4. Considering the judgment of the Hon’ble Division Bench of this Court in W.A. No. 908 of 2023, the respondent-Corporation shall consider the candidature of the petitioners under the land loser quota whenever the recruitment process is undertaken. 7 5. With these observations, these writ petitions are disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 09.04.2026 PNS