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High Court of Andhra Pradesh · body

2025 DAILYLAW 59574 (AP)

B.Mallikarjuna v. The State of A.P.

WP/36345/2025 · 2025-12-29

Nyapathy Vijay

body2025

Judgment text

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APHC010703722025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36345/2025 Between: 1. B.MALLIKARJUNA, PARVATHIPURAM, ROAD NO.4, SIDDHOUTMANDAL, 2. J.V. GAUTAMKUMAR, S/ 3/62, VENKATESWARAPURAM, ROAD NO. 9, SIDDHOUTMANDAL, 3. J.VENKATALAKSH YEARS, R/O 2/369, POTLADURTHI, DISTRICT. SI. NO 1423 4. GOLI MALLESWARI, W/O J. MURALI, AGED 47 YEARS, R/O.1 UPPARAPALLI, MADHAVARAM DISTRICT. SI. NO 344. 5. BOLLINENI ANJANEYULU, S/O NARSIMHULU 48 YEARS R/O HO. 5/93, MUTRASUPALLI, CHINNACHOWK POST, YSR DISTRICT. SI.NO. 1640 1. THE STATE OF A P, REP BY ITS PRINCIPA RESOURCES (R AND R) DEPARTMENT, SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT 2. THE CHIEF ENGINEER, NTR TELUGU GANGA PROJECT, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36345/2025 B.MALLIKARJUNA, S/O CHINNAIAH, AGED 45 YEARS, PARVATHIPURAM, ROAD NO.4, MADHAVARAM SIDDHOUTMANDAL, YSR DISTRICT. SI. NO.1286. J.V. GAUTAMKUMAR, S/O J.V.SUBBAIAH, AGED 25 YEARS, 3/62, VENKATESWARAPURAM, ROAD NO. 9, MADHAVARAM SIDDHOUTMANDAL, YSRDISTRICT. SI. NO.1092 J.VENKATALAKSHMI, W/O J. VENKATASUBBARAYUDU, YEARS, R/O 2/369, POTLADURTHI, YERRAGUNTIA MANDAL, YSR DISTRICT. SI. NO 1423 GOLI MALLESWARI, W/O J. MURALI, AGED 47 YEARS, R/O.1 ARAPALLI, MADHAVARAM-1, SIDHOUT MANDAL, YSR DISTRICT. SI. NO 344. BOLLINENI ANJANEYULU, S/O NARSIMHULU 48 YEARS R/O HO. 5/93, MUTRASUPALLI, CHINNACHOWK POST, YSR DISTRICT. ...PETITIONER(S) AND THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, WATER R AND R) DEPARTMENT, SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT- 522237 THE CHIEF ENGINEER, NTR TELUGU GANGA PROJECT, IN THE HIGH COURT OF ANDHRA PRADESH [3460] THIRTIETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY S/O CHINNAIAH, AGED 45 YEARS, D.NO.1/169, MADHAVARAM-I, O J.V.SUBBAIAH, AGED 25 YEARS, D.NO. MADHAVARAM-1, MI, W/O J. VENKATASUBBARAYUDU, AGED 34 YERRAGUNTIA MANDAL, YSR GOLI MALLESWARI, W/O J. MURALI, AGED 47 YEARS, R/O.1-40A, SIDHOUT MANDAL, YSR BOLLINENI ANJANEYULU, S/O NARSIMHULU 48 YEARS R/O HO. 5/93, MUTRASUPALLI, CHINNACHOWK POST, YSR DISTRICT. ...PETITIONER(S) SECRETARY, WATER R AND R) DEPARTMENT, SECRETARIAT, THE CHIEF ENGINEER, NTR TELUGU GANGA PROJECT, 2 TIRUPATI, CHITTOOR( TIRUPATI) DISTRICT-517501 3. THE DISTRICT COLLECTOR, , YSR DISTRICT, KADAPA- 516001 4. THE SUPERINTENDING ENGINEER, SOMASILA PROJECT, DARGAMITTA, SPS NELLORE DISTRICT- 524001 ...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 pass orders in exercise of extraordinary powers under Article 226 of the Constitution of India particularly one in the nature of writ of mandamus declaring the respondents inaction in providing employment to the petitioner in terms of G.O.Ms.No.98 Irrigation Department Dt.15.4.1986 and Memo. No. 7321/R and R-A2/2013-1 Dt. 22.8.2013 though his name was included in the list prepared by the committee constituted under Memo. No. 198666/R and R- A2-2018-5 (C.No.717235) Dt. 13.2.2023 and 6.4.2023 as arbitrary, illegal, discriminatory and violative of right to life. Article 14, 19, 21,and 300 A of the of the Constitution of India and consequently direct the respondents to consider his candidature for employment at par with the candidates mentioned in Memo No. 7477081/R and R/A2/2023-7 (C.No.2116015) dt. 30.6.2025 and grant IA NO: 1 OF 2025 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 petitioners’ candidature for providing employment in terms of G.O.Ms.No.98 Irrigation Department Dt.15.4.1986 and Memo. No. 7321/R& R-A2/2013-1 Dt. 22.8.2013 by extending the benefit at part with the candidates mentioned in Memo No. 7477081/R& R/A2/2023-7 (C.No. 2116015) dt. 30.6.2025 pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. KASA JAGANMOHAN REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES II 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36345 of 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in not providing employment to the Petitioners in terms of G.O.Ms.No.98, Irrigation (Proj. Wing) Department, dated 15.04.1986 and Memo No.7321/R&R-A2/2013-1 dated 22.08.2013. 2. The lands of the petitioners were acquired at Kuruguntapalli/Kondamasupalli, Boinapalli/Kuruguntupali, Upparapalli, Rekulakunta villages, for the purpose of the Telugu Ganga Project in the years 1983-84, 1984-85, 1986-87, and 1987-88. As per G.O.Ms.No.98 dated 15.04.1986, employment was to be offered to the members of the displaced families or their dependents. The Petitioners, being the dependents of the original landowners, applied for employment in terms of the said G.O. However, though their names were not reflected in the shortlisted eligible persons, their cases were not considered for employment. Hence, the present writ petition has been filed. 3. Learned counsel for the Petitioners relies on the judgment of this Court in W.P.No.40372 of 2018 and batch, wherein employment was directed to be offered to the dependents of the landowners therein, and seeks similar relief in the present cases. Learned counsel 4 further submits that the land acquisition took place in the years 1983- 84, 1984-85, 1986-87, and 1987-88 and, despite the lapse of more than 35 years, employment has still not been provided. 4. Learned Assistant Government Pleader does not dispute that the Petitioners are shortlisted for employment and submits that their cases will be considered and necessary action will be initiated for providing employment in terms of G.O.Ms.No.98 dated 15.04.1986, as per the rules in force. 5. Considering the fact that the lands of the Petitioners were acquired way back in the years 1983-84, 1984-85, 1986-87, and 1987-88, the delay in providing employment cannot be justified; more so, as the employment was to be treated as part of the promised compensation. 6. Accordingly, this Writ Petition is disposed of, directing the Respondents to consider the cases of the Petitioners for employment on par with similarly placed persons, as expeditiously as possible. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 30.12.2025 MDP