1 APHC010717192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36846/2025 Between: 1. KAKARAPALLY SATYANARAYANA, S/O SURYA RAO AGED 63 YEARS,OCC UN-EMPLOYEE/DISPLACED PERSON R/O KAMBALAPALEM.YELESWARAM MANDAL, KAKINADA DISTRICT. 2. KAKARAPALLY VENKATA SAI SURYA, S/O KAKARAPALLY SATYANARAYANA AGED 21 YEARS, OCC UN- EMPLOYEE/DEPENDENT OF DISPLACED PERSON , R/O KAMBALAPALEM,YELESWARAM MANDAL KAKINADA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. PIN CODE 522238 2. THE ENGINEER IN CHIEF ADMN WING, WATER RESOURCES DEPARTMENT, 4TH FLOOR OF JALASOUDHA, IRRIGATION COMPOUND, GOVERNORPET, VIJAYAWADA.N.T.R.DISTRICT. PIN CODE 520002 3. THE DISTRICT COLLECTOR, RAJAHMAHENDRAVARAM,EAST GODAVARI DISTRICT. PIN CODE 533101 4. THE SUPERINTENDING ENGINEER, POLAVARAM IRRIGATION PROJECT,HEAD WORKS CIRCLE, DOWLAISWARAM,EAST GODAVARI DISTRICT. PIN CODE 533125 2 5. THE SUPERINTENDING ENGINEER, YELERU RESERVOIR PROJECT CANAL CIRCLE, KAKINADA.KAKIDANA DISTRICT. PIN CODE 533001 6. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE DOWLAISWARAM,EAST GODAVARI DISTRICT.PIN CODE 533125 ...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 issue an appropriate writ. Order or Direction more particularly one in the nature of writ of mandamus to declare the action of the respondent No. 6 in issuing the Speaking Orders SE/IC/Dwm/A.B/Ec3/430M dated 13-03-2025 on the ground of Jurisdiction and the Speaking Orders SE/PIPHW/AB/EC.2/L.10A/ol.2/141m dated 28-03- 2025 issued by the respondent No-4 on the ground of overaged to provide Permanent employment to the 1st petitioner under G.O.Ms.No 98 lrrigation(Project wing)Department dated 15-04-1986 under the Land looser quota, for the construction of the Yeleru Reservoir Project ,Yeleswaram, East Gadavari District, as illegal, arbitrary exercise of power, insubordination violative of Article 14 and 21 of the Constitution of India and also violation of G.O.Ms.No 98 lrrigation(Project wing)Department dated 15-04-1986 and to set-aside the speaking orders SE/IC/Dwn/A.B/Ec3/430M dated 13-03- 2025 and the speaking order in SE/PIPHW/AB/EC.2/L.10A/ol.2/141m dated 28-03- 2025 and consequently direct the respondents to provide employment on permanent basis to the 2nd petitioner who is the son of the 1st petitioner in terms of G.O.Ms.No 98 lrrigation(Project wing)Department dated 15-04-1986 and to pass such 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 may be pleased to suspend the speaking orders SE/IC/Dwn/A.B/Ec3/430M dated 13-03- 2025 issued by the Respondent No-6 and the speaking order in SE/PIPHW/AB/EC.2/L.10A/ol.2/141m dated 28-03-2025 issued by the respondent No-4 and further direct the respondents to provide employment on permanent basis to the 2nd petitioner who is the son of the 1st petitioner in terms of G.O.Ms.No 98 lrrigation(Project wing)Department dated 15-04-1986 pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 3 1. L V S NAGARAJU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36846 OF 2025 ORDER:- The present writ petition is filed questioning the speaking order issued vide SE/IC/DWM/A.B/EC3/430M dated 13.03.2025 and speaking order issued vide SE/PIPHW/AB/EC.2/L.10/VOL.2/141M dated 28.03.2025 and inaction of the Respondents in not providing employment to the Petitioner No.2 in terms of G.O.Ms.No.98 Irrigation (PROJ. WING) Department dated 15.04.1986, as illegal and arbitrary. 2. The house of the Petitioner No.1 was acquired at Kambalapalam Village of Yeleswaram, for the purpose of the Yeleru Reservoir Project in the year 1988. Later, land acquisition officer passed Award No.16/1988 dated 07.10.1988 for an amount of Rs.5,12,680/-. 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 Petitioner No.2 being the son of Petitioner No.1, being the dependent of the original landowners/Petitioner No.1, applied for employment in terms of the aforesaid G.O. However, his name was not reflected in the shortlisted eligible persons, his case was not considered for employment. Hence, the present writ petition was filed. 3. Learned counsel for the Petitioners relies on the judgment of this Court in W.P.No.40372 of 2018 and batch dated 07.07.2022, wherein employment was directed to be offered to the dependents of the landowners therein, and seeks similar relief in the present cases. The Learned counsel further submits 5 that the land acquisition took place in between the year 1988 and, despite the lapse of almost 30 years, employment has still not been provided. 4. Learned Assistant Government Pleader appearing for the Respondents, does not dispute the fact that the Petitioner No.1 is shortlisted for employment and submits that his case will be considered and necessary action will be initiated for providing employment to them in terms of G.O.Ms.No.98 dated 15.04.1986, as per the Rules in force. 5. Heard the respective counsel. 6. Considering the fact that the lands of the Petitioner No.1 was acquired way back in 1988, and the delay in providing employment cannot be justified; more so, as the employment was to be treated as part of the promised compensation. 7. Accordingly, this writ petition is disposed of with the following directions:- (i) The Respondents are directed to consider the case of the Petitioner No.2 for employment on par with similarly placed persons, as expeditiously as possible. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 05.01.2026 CHS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 137 WRIT PETITION NO:36846 OF 2025 Dt.05.01.2026 CHS