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2025 DAILYLAW 1399 (AP)

V VENKATA SUBBAIAH v. THE STATE OF ANDHRA PRADESH

WP/15907/2025 · 2026-04-14

D Ramesh

Transfer Petitionbody2025

Judgment text

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1 APHC010306052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 15907/2025 Between: 1. V VENKATA SUBBAIAH, S/O V. VENKATA SUBBAIAH, AGED ABOUT 37 YEARS, OCC UN-EMPLOYEE, RIO RANGAM PALLI (S.V. PURAM), ATLOOR MANDAL, YSR KADAPA DISTRICT -516501 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, 1 AND CAD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, N.T.R.T.G.P. PROJECT CHITTOOR DISTRICT. 3. THE SUPERINTENDING ENGINEER, SOMASILA PROJECT DURGIMITTA, S.P.S.R. NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, SOMASILA PROJECT DURGIMITTA, S.P.S.R. NELLORE DISTRICT. 5. THE SPECIAL COLLECTOR, G.N.S.S., KADAPA. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. SITA RAM CHAPARLA Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.15907 of 2025 ORDER: The present writ petition is filed seeking the following relief: “….to issue a writ order or direction more particularly one in the nature of writ of Mandamus by declaring the inaction of the respondents in keeping the proposals pending for inclusion of the name of the petitioner along with others in the 1st phase list since 2015 even receipt of reminders pursuant to the letter No. CE/NTR-TGP/TPT/C2/9160/ SP/D1S-2015, dated 05.07.2017 of the 2nd respondent from the 1st respondent vide Letter No.671042/RA&R-A2/2017- 1, dated 21.08.2017 and Memo No.598746/R&R-A2/2017- 1, dated 29.05.2017 r/w Memo No.892539/R&R-A2/2017-1, dated 04.12.2017 and also the proceedings in L.Dis-A2/. No.66/2025 dated 25-03-2025 without enforcing the same, is illegal and unreasonable and against all canons of fair play and natural justice and also violates articles 14 and 21 of the Constitution of India and Consequently direct the respondents to include the name of the petitioner along with others in the 1st phase list and forward the proposal to the provide the benefit of G.O.Ms.No.98, dated 15.04.1986….” 2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents. 4 3. The contention of learned counsel for the petitioner is that the petitioner has lost the land and also house under the Somasila Project and award was also passed and compensation was paid. In fact, the petitioner has lodged a claim for consideration under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986. However, surprisingly, the respondents have not included the name of the petitioner in the 1st phase list for consideration. 4. Learned counsel for the petitioner submits that in similar facts and circumstances, this Court has already granted relief in W.P.No.33135 of 2023 by order dated 23.01.2026, and therefore, the petitioners is also entitled to the same relief. 5. Learned counsel for the petitioner 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 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 5 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, learned counsel for the petitioner 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 6 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 petitioner 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. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 15.04.2026 Ivd 7 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.15907 of 2025 Dated: 15.04.2026 Ivd