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2025 DAILYLAW 31764 (AP)

VANIPENTA RUSHI KESAVA REDDY v. The State of Andhra Pradesh

WP/23783/2024 · 2025-02-12

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWELFTHDAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23783 OF 2024 Between: Vanipenta Rushi Kesava Reddy, S/o V.Vasantha Reddy @ Vasantha Lakshumana Kumar Reddy, aged about 28 years, R/o Nadimpalli Village, Annaluru post, Mydukur Mandal,YSR District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Water Resources Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur Dist. 2. The District Collector, Kadapa, YSR Kadapa District. 3. The Superintendent Engineer, NTR Telugu Ganga Project Circle Kadapa, YSR District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 that the petitioner is entitled to be appointed to any suitable post in terms of G.O.Ms.No. 98 dated 15.04.1986 duly subsisting his name in the place of his father Vasantha Reddy Vasantha Lakshumana Kumar Reddy, at serial No. 113 of app.roved list by the District Selection committee with all consequential benefits by holding the action of the respondents in not considering his claim for appointment despite his father is not appointed though his name has been approved by the District selection committee and not substituting the name of the petitioner in his father place by considering his request, while considering the similarly placed persons is as illegal, arbitrary, unconstitutional apart from violation of articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to provide the employment to the petitioner in accordance with the G.O.Ms. No. 98 Dated 15.04.1986 by substituting name of the petitioner at serial No. 113 in Selection list. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in th^ circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the of the petitioner for employment under the displaced persons quota case as per G.O.Ms.No.98 Dated 15.04.1986 read with G.O.Ms.No.45 Irrigation & CAD (PW:R&R-A2) Department Dated:04.07.2012 by substituting his place his father at serial No. 113 of Selection List, as considered in the similar situated persons in W.P.(AT) Nos. 1607/2021 and W.P.(AT) No. 1699/2021 dated 07.03.2024 of this Hon’ble court in the interest of justice. name in Counsel for the Petitioner: SRI Y V RAMESH REPRESENTING SRI T VV KOTESWARA RAO Counsel for the Respondent Nos. 1 & 3: GP FOR SERVICES III Counsel for the Respondent No.2: GP FOR SERVICES I The Court made the following: ORDER r APHC010463592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23783/2024 Between: Vanipenta Rush! Kesava Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T VV KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES III 2.GP FOR SERVICES I The Court made the following: ORDER Heard Sri Y.V.Ramesh, learned counsel representing Sri T.V.V.Koteswara Rao, learned counsel for petitioner and Sri S.Raju, learned Assistant Government Pleader for Services for respondents. An extent of Ac.3.89 cents in S.No.596 of Jangamrajupalli village, B.Mattam Mandal was acquired for the construction of Sri Potiuri Veerabhayhmendra Swamy Reservoir (S.P.V.B.R) of Telugu Ganga Project vide Award No. 16 of 1987 dated 10.03.1987 and Award No. 12 of 1988 dated 2. w 25.06.1988. Apart from awarding G.O.Ms.No.98 Irrigation (PROJ.WING) Department, rehabilitation by way of employment to dependants. The list of displaced Deputy Collector and the S.No.113. compensation, the Government issued dated 15.04.1986 for the displaced persons or their persons was prepared by the Special name of the petitioner’s father was shown at Later, the Chief Engineer, Telugu Ganga Project, prepared the list of eligible displaced persons under S.P.V.B. Project (Ex.PI8) wherein the Srikalahasti R. Telugu Ganga name of the petitioner was not included, petitioner made a representation dated 07.11.2015 (Ex.P7) to include his name in the place of his father and to The provide employment. The said representation did not evoke any response. Impugning the inaction on the part of the respondent, the above writ petition is filed. 3. A counter affidavit was filed on behalf of 3^^ respondent, disputed about the acquisition of land and that in terms of G.O.Ms.No.45 Irrigation & CAD dated 04.07.2012, all eligible displaced It was not compensation. It was contended (PW;R&R-A2) Department persons or their spouse/son/daughter, as per the provision available at Para No.1 of G.O.Ms.No.98 Department dated 15.04.1986, whose I & CAD (PW) applications were received within specified time limit, a list was prepared before constitution of District Selection Committee vide G.O.Ms.No.266 Irrigation and CAD (PW) Department dated 19.09.1994. The Special Deputy Collector, Kadapa dealt preparation of the list of candidates of displaced educated with the subject of un-employee persons of S.P.V.B.R, Telugu Ganga Project. The petitioner has not furnished the details. The Government issued Memo No.8870275/R&R-A2/2024-2 (C.No.2433239) dated 21.06.2024 requesting the 3^^^ respondent to take necessary action as per the rules in force keeping in view the orders passed by this Court on 07.03.2024 in placing the dependent names of M.Veeranarayana and D.Srinivasulu Reddy, displaced Telugu Ganga Project, for inclusion of their persons of S.P.V.B.R, names in the seniority list by substituting their fathers’ names in the list for providing employment as per eligibility and eventually, prayed to dismiss the writ petition. 4. Learned counsel for the petitioner as well as learned Assistant Government Pleader for Services for respondents reiterated per the averments in the affidavit and counter affidavit respectively. contentions as 5. Case at hand, in the list prepared by the Special Deputy Collector, the name of the petitioner’s father was shown at S.No.113. prepared by the District Selection Committee, the However, in the list name of the petitioner’s father was not shown. The petitioner made a representation dated 07.11.2015 (Ex.P7) to include his name. The Tahsildar, Mydukur submitted Revenue Divisional Officer, Jammalamadugu vide Ref.D/167/2017 a report to the dated 06.02.2017 (EX.P8) recommending to include the name of the petitioner in the displaced persons list under S.P.V.B.R, Telugu Ganga Project for providing employment. The Revenue Divisional Officer, in turn, addressed a letter to the Superintendent Engineer, NTR Telugu Ganga Project, Kadapa Ref.G/14487/2017, dated 10.03.2017 to include the name of petitioner in the displaced persons quota as per G.O.Ms.No.98 dated 15.04.1986. wc/e So far, the name of the petitioner was not included, in the list of displaced persons. 6. Given the discussion supra, the Writ Petition is disposed of directing the respondents 2 and 3 to consider the representation made by the petitioner dated 07.11.2015 (Ex.P7) along with recommendations of the Tahsildar dated 06.02.2017 (Ex.P8) and the Revenue Divisional Officer, Jammalamadugu dated 10.03.2017 (Ex.P9) and pass appropriate orders within six weeks from the date of receipt of a copy of this order. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR /r ^ //TRUE COPY// SECTION OFFICER To, Water Resources Buildings, Velagapudi Amaravathi, Guntur Dist Department, Secretariat 2. The District Collector, Kadapa, YSR Kadapa District. 3. The Superintendent Engineer, NTR Telugu Ganga Project Circle Kadapa, YSR District. 4. One CC to Sri T VV Koteswara Rao, Advocate [OPUC] 5. Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT] 6. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF s HIGH COURT DATED:12/02/2025 ORDER WP.No.23783 of 2024 C 0 3 MAR 2025 n ^ . Current Section ^ DISPOSING OF THE W.P., WITHOUT COSTS