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2025 DAILYLAW 14410 (AP)

D. Laxminarayana, v. The State of Andhra Pradesh,

WP/13051/2012 · 2025-02-24

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUAR'^^^Oc^ TWO THOUSAND AND TWENTY FIVE ^ O' PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 130fil OF 9ni9 Between: 1. D. Laxminarayana, S/o. D. Chinna Narayana Occ: Unemployee R/o. Nagapatnam Village Mandal, Y.S.R. District Kadapa. aged about 33 years, Pathur Post, Kazipet 2. Lankala Rama Subbaiah, S/o. L. Chinna Subbaiah wooro .. . ' ^9®*^ 3bout 39 L !’ R/o- Z.Kothapalli Village & Post, B.Mattam Mandal, Y.S.R. District Kadapa 3. K. Sidda Reddy, S/o. K. Pulla Reddy, aged about 37 years, Occ- Unemployee R/o. Nagayapalle Village, Chapadu Mandal, Y.S.R District Kadapa 4. Perugu Thirumalaiah, S/o. Thirumalaiah, . Unemployee R/o. Narsannapalli Village B.Mattam Mandal, YSR District Kadapa. aged about 47 years, Occ; , Kandimallaiahpalli Post ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary &^CAD (Project Wing) Department, AP Secretariat. Hyderabad 2. The Chief Engineer (Projects) Irrigation, N.T.R. Telugu Ganga project (Circle), Mamillapalli, YSR District Kadapa. 3. The Superintending Engineer (Irrigation), Telugu Ganga Project District Kadapa Irrigation -500 YSR 4. The District Coiiector, Kadapa, YSR District Kadapa. 2014')^ as per C.O. dt. 11/03/2015 in WP MP 49384 of ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction. may more particularly one in the action of respondents in not this Hon'ble Court in writ 4390 of 2010 and 29098 of 2010 as arbitrary and illegal and appoint petitioners in the existing nature of a Writ of Mandamus to declare appointment petitioners despite orders from petitions No. 1155 of 2010, 33733 of 2011 and seeking to fill up all vacancies by others consequently direct respondents to vacancies. LA. NO: 2 OF 2012fWPMP. NQ: i62«a of 9n>io| Petition under Section 151 CPC stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct respondents to praying that in the circumstances reserve four vacancies in favour of petitioners as per orders of this Hon'ble Court 2010, 33733 of 2011, 4390 of 2010 Orders in W.P.Nos. 1155 of and 29098 of 2010 before appointing writ petition. others, pending disposal of the above LA. NO: 1 OF 2012fWVMP. NO: 3999 1. The Government of Andhra Pradesh, Rep. by its Principai Secretarv 500 ”22 AP Secretariat, Hyderabad 2. ^e Chref Engineer (Projects) Irrigation, N.T.R, Telugu Ganga proiect (Circle), Mamillapalli, YSR District Kadapa. DislfcrK'aSa"'"^ OF 20121 , YSR 4. The District Collector, Kadapa, YSR District Kadapa. ...Petitioners/Respondents AND 1. D. Laxminarayana, S/o. D. Chinna Narayana, aged about 33 years, Occ: Unemployee R/o. Nagapatnam Village, Pathur Post, Kazipet Mandal, Y.S.R. District Kadapa. 2. Lankala Rama Subbaiah, S/o. L. Chinna Subbaiah, aged about 39 years, Occ; Unemployee R/o. Z.Kothapalli Village & Post, B.Mattam Mandal, Y.S.R. District Kadapa 3. K. Sidda Reddy, S/o. K. Pulla Reddy, aged about 37 years, Occ: Unemployee R/o. Nagayapalle Village, Chapadu Mandal, Y.S.R. District Kadapa 4. Perugu Thirumalaiah, S/o. Thirumalaiah, aged about 47 years, Occ: Unemployee R/o. Narsannapalli Village, Kandimallaiahpalli Post, B.Mattam Mandal, YSR District Kadapa. ...Respondents 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 Vacate the interim order passed in W.P.M.P. No. 16283 of 2012 in W.P. No. 13051 of 2012, dt. 27-04-2012. Counsel for the Petitioners ; SRI. S SATYAM REDDY Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV The Court made the following order: 1 APHC010178232012 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13051/2012 Between: D. Laxminarayana, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.S SATYAM REDDY Counsel for the Respondent(S): 1.KVRAJASREE 2.GP FOR IRRIGATION & COMM AREA DEV The Court made the following order: The present Writ Petition is filed challenging the action of the respondents in not appointing the petitioners despite orders from this Court in W.P.Nos.115 of 2010, 33733 of 2011, 4390 of 2010 and 29098 of 2010, is illegal and arbitrary. 2. Learned counsel for the petitioner submits that the petitioners’ lands were acquired for the construction of Sri Pothuluri Veera Brahmendra Swamy Reservoir Project under Telugu Ganga Project. n k. y 2 However, the petitioners were not given any employment in accordance with G.O.Ms.No.98, dated 15.04.1986, on the ground that the brothers of petitioners were appointed. He further submits that the respondents could not deny the employment opportunities to the petitioners, as the petitioners and their brothers partitioned the properties and they were living separately. He also submits that when the petitioners approached this Court by way of filing writ petitions, this Court, after considering the submissions, categorically held that merely because brothers of the petitioners were given employment, the petitioners cannot be denied employment on the fact that the awards are separate and properties are separate. Despite orders from this Court, the respondents have not considered the petitioners’ case. As such, the present writ petition, to pass appropriate orders protecting the interest of the petitioners. 3. Perused the record and materials available on the record. The respondents have categorically stated in the counter that candidates eligible for appointment under this scheme shall be displaced persons or his/her son, daughter or spouse, if there being no other earning member in the family. It is also submitted in the counter that, on receiving several complaints & petitions from the public representatives and displaced persons that majority of displaced persons placed in the approved seniority list, had suppressed several facts and are ineligible, the District Collector & Chairman of District Selection Committee ordered for re-enquiry on the 210 displaced persons in the seniority list. After re-enquiry, 41 persons were found in-eligible in the said seniority list, as they did not fulfill the conditions stipulated under G.O.Ms.No.98 I & CAD Department, dated 15.04.1986. 4. 3 The stand taken by the respondents in the counter is that, except the 4*'^ petitioner, all the petitioners’ families are having other earring member in their families. As such, the petitioners herein are not eligible for employment as per conditions laid down in Para-4(ii) of rejected G.O.Ms.No.98 I & CAD Department, dated 15.04.1986. As rightly contended by the learned counsel for the petitioner that the orders passed in the earlier round of litigation has attained finality and the respondents cannot claim that the petitioners are not entitled for any appointment. 5. 7. Considering the facts and circumstances of the case, the respondents shall pass reasoned orders accommodating the petitioners in suitable posts, in terms of the conditions stipulated in G.O.Ms.No.98 I & CAD Department, dated 15.04.1986, within six (06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. 8. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. That Rule Nisi has been made absolute as above. Witness the Hon’ble The Chief Justice Sri Dhiraj Singh Thakur on this Monday, The Twenty Fourth Day of February, Two Thousand and Twenty Four. SD/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Irrigation & CAD (Project Wing) Department, State of Andhra Pradesh, AP Secretariat, Hyderabad - 500 022. The Chief Engineer (Projects) Irrigation, N.T.R. Telugu Ganga project (Circle), Mamillapalli, YSR District Kadapa. The Superintending Engineer (Irrigation), Telugu Ganga Project, YSR District Kadapa. 2. 3. 4. The District Collector, Kadapa, YSR District Kadapa. F 5. One CC to Sri. S Satyam Reddy Advocate [OPUC] Two CCs to GP for Irrigation & Common Area Dev, High Court Of Andhra Pradesh. [OUT] 6. 7. Three CD Copies GSC HIGH COURT DATED:24/02/2025 ORDER WP.No.13051 of 2012 |x 2 8 MAR 2025 ^ . Current iSection ALLOWING OF THE WP WITHOUT COSTS