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2026 DAILYLAW 1790 (AP)

K. Rathnalu v. THE STATE OF ANDHRA PRADESH

WP/5311/2026 · 2026-04-15

D Ramesh

body2026

Judgment text

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1 APHC010093342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5311/2026 Between: 1. K. RATHNALU, D/0 PEDDA VENKATAIAH AGED ABOUT 51 YEARS R/0 1/4, POTLADURTHI, YERRAGUNTIA, YSR DISTRICT PIN-516360. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, WATER RESOURCES ( R AND R) DEPARTMENT, SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT.522237. 2. THE DISTRICT COLLECTOR, YSR DISTRICT, KADAPA 516501. 3. THE SUPERINTENDING ENGINEER, N.T.R TG. PROJECT, MAMILLAPALLI, KADAPA DISTRICT 516504. ...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 tomay be pleased to pas 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 action of the Respondents as intimated by 3rd respondent in Lr.No. SE/NTR TGP Circle/Kadapa/EC 5/7M dt 6.1.2026 as arbitrary, illegal contrary to the spirit of G.O.Ms.No. 98 Irrigation, (Project. Wing) Dept dt. 15.4.1986, Memo. No. 480/LAR(2)87-21 and CADdt.24.8.1987 and Memo No. 3083755/ICD01/ 2025-RR dt. 23.12.2025 and the scheme of 2013 2 Land acquisition Act, and Article 14, 19, 21 and 300Aof the Constitution of India and consequently direct the respondents to immediately provide employment petitioner in appropriate position according to her qualification an age and grant such IA NO: 1 OF 2026 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 may be pleased to to direct the respondents to consider her case for employment interms of G.O.Ms.No. 98 Irrigation, (Project.Wing) Dept dt. 15.4.1986, Memo. No. 480/LAR(2)87-21 &CAD dt. Memo No.and24.8.1987 3C83755/ICD01/5434/2025-RR 23.12.2025 pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. KASA JAGANMOHAN REDDY Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: ORDER: 1. This Writ Petition is filed to declare the action of the respondents in not providing the employment to the petitioners in appropriate position for giving the agricultural land of father of the petitioner in Sy.No.616/2 and house bearing D.No.464-1 of Jangamraju Palli which was submerged in Sri Pothuluri Veerabrahmendra Sagar (SPVBR) of Telugu Ganga Project, YSR Kadapa District under the Displaced Persons quota/employment there by not including the name of the petitioner in the seniority list for Displaced Persons as illegal and arbitrary and consequently set aside the impugned office order. 3 2. The case of the petitioner is she was the displaced persons affected in the Sri Pothuluri Veera Brahmendra Reservoir (in short, “SPVBR”). The competent authority issued the displacement certificates to the petitioner. Pursuant to the G.O.Ms.No.98 Irrigation (Project Wing) Department dated 15.04.1986, the petitioner is entitled to the employment. But the respondents are not considering the case of the petitioner for providing the suitable employment. The petitioner has made several visits to the offices of the respondents, but in vain. Hence, the present writ petition. 3. The petitioners have brought to the notice of this Court that under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, without reference to the condition of one year limitation imposed in G.O.Ms.No.98 by taking into consideration the Government Memo No.480- LAR (2)/87-2, dated 24.08.1987 and the orders of A.P.A.T made in O.A.No.7917/2003, dt.16-07-2007 and Judgment of 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.14305/2011 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. 4. In fact, the learned counsel for the petitioners also brought to the notice of this Court the observations 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 4 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.” 5. 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, by considering her seniority and by considering the representations, if any, made by the petitioner, 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. 5 Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _____________ D. RAMESH,J Date:16.04.2026 Gk. 6 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION No.5311 OF 2026 Date:16.04.2026 Gk