::1:: APHC010342052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20569/2022 Between: 1. KUTI KUPPALA SRINIVASA RAO, S/O LATE RAJA RAO , AGED ABOUT 47 YEARS, 0CC. UN-EMPLOYEE R/O.SRIHARIPURAM VILLAGE, GAJUIAKOLLIVALASA PANCHAYATHI, AMADALAVALASA MANDAL SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY, WATER RESOURCES 4TH BLOCK ,1ST FLOOR ROOM NO 216, A P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY, FINANCE DEPARTMENT I AND CAD .A P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, SELECTION COMMITTEE SRIKAKULAM DISTRICT AT SRIKAKULAM. ::2:: 4. THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION AMADALAVALASA SRIKAKULAM DISTRICT 5. THE SUPERINTENDING ENGINEER FAC, WATER RESOURCES DEPARTMEN B R R VAMSADHARA PROJECT CIRCLE SRIKAKULAM DISTRICT 6. THE CHIEF ENGINEER NORTH COAST OPP AU REGISTER OFFICE, VISAKHAPATNAM 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, particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd, 3rd and 4th Respondents in not providing Employment to the petitioners as per GO MS NO 98 dated 15-04- 1996 ,even though their Lands are Acquired in the year 2004 as highly arbitrary is illegal Contrary to GO MS NO 98 dated 15- 04- 1996 and Article 21 of the Constitution of India and Consequently Direct the respondents to issue Appointments as per the qualification to the petitioners with All Consequential benefits and pass Counsel for the Petitioner: 1. KRISHNA RAO M Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR LAND ACQUISITION 3. GP FOR IRRIGATION COMM AREA DEV ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.20569 of 2022 This Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd, 3rd and 4th Respondents in not providing Employment to the petitioners as per G.O.Ms.No.98 dated 15-04-1996, even though their Lands are Acquired in the year 2004 as highly arbitrary is illegal and contrary to G.O.Ms. No.98 dated 15-04-1996 and Article 21 of the Constitution of India and consequently direct the respondents to issue appointments as per the qualification to the petitioners with all consequential benefits and pass” 2. Heard learned counsel for the petitioners and the learned Government Pleader appearing for the respondents. 3. The contention of the learned counsel for the petitioners is that the petitioners’ lands were acquired by the respondents for the purpose of Vamsadhara Project and awards were also passed and compensation was paid. In fact, the petitioners have lodged a claim for consideration under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986 for providing jobs ::4:: to the displaced families of the Project/their dependents on regular basis against the 50% of the vacancies arising in Major and Medium Irrigation and Power Project in the cadre of Junior Assistants / Typists and the cadre below by keeping such appointment outside the purview of APPSC. 4. Learned counsel for the petitioner submits that the petitioners made a representation dated 03.06.2005 requesting to provide employment as per the G.O.Ms.No.98 but even though the petitioners’ lands were acquired in the year 2004 and award passed on 14.05.2005 but so far the petitioners were not provided employment. Hence the Writ Petition. 5. Learned counsel for the petitioners further submits that in similar facts and circumstances, this Court has already granted relief in W.P.No.33135 of 2023 dated 23.01.2026 and W.P.No.6276 of 2026 dated 06.03.2026 therefore the petitioners are also entitled to the same relief. 6. Learned counsel for the petitioners further brought to the notice of this Court that under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, the condition of one-year limitation prescribed therein cannot be insisted upon, in view of Government Memo No.480-LAR (2)/87-2, dated 24.08.1987, the ::5:: orders of the A.P. Administrative Tribunal in O.A.No.7917 of 2003, dated 16.07.2007, the judgment of the Hon’ble High Court in W.P.No.2436 of 2011, dated 08.02.2011, which was confirmed by the Hon’ble Supreme Court in SLP No.14305 of 2011 by order dated 04.07.2011, and also the common judgment of this Court in W.P. (AT) No.174 of 2021 and batch dated 13.12.2022. 6. In fact, the learned counsel for the petitioners also brought to the notice of this Court the observations made in W.A.No.356 of 2023. Certain writ petitions, wherein rejection of the cases of the petitioners under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, was challenged, were allowed, and the appeals preferred therein were disposed of with the following observation: “In this connection it is respectfully submitted that recently this Court rendered an elaborate Judgment on the subject matter in W.P. (AT) No.174 of 2021 and batch, dated 13.12.2022 by considering all the earlier Judgments passed by APAT and the D.B of this Hon’ble High Court in W.P.No.2436 of 2011 which was confirmed by the Hon’ble Apex Court in Special Leave to Appeal (Civil) No.14305 of 2011, dated 04.07.2011, directing the Respondents to provide employment to the petitioners therein by adopting the procedure prescribed in G.O.Ms.No.98, dated 15.04.1986 and also in respect of other candidates, who now remain out of employment. I am also similarly situated and identically placed to the petitioners therein and entitled for appointment in terms of G.O.Ms.No.98. Hence, this Writ Petition.” 7. In view of the directions of the Division Bench of this Hon’ble High Court in W.P.No.2436 of 2011, this Writ Petition is disposed of, directing the respondents to consider the case of the ::6:: petitioners for appointment as per G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, and to pass appropriate orders. The said exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 07.05.2026 krk ::7:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.20569 of 2022 DT: 07.05.2026 krk 188