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2026 DAILYLAW 3868 (AP)

V.Adinarayana v. The State of Andhra Pradesh,

WP/27276/2023 · 2026-06-30

Balaji Medamalli

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 01.07.2026 Date of uploading : 03.07.2026 APHC010514142023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 27276/2023 Between: 1. V.ADINARAYANA, S/O NARAYANA, AGED ABOUT 35 YEARS, UNEMPLOYEE, R/O D.NO.8-98, VEERA BRAHMENDRA NAGAR, B. MATTAM MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPT., SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE SUPERINTENDING ENGINEER/ MEMBER CONVENOR OF DSC, NTR TELUGU GANGA PROJECT, YSR KADAPA DISTRICT. 3. THE DISTRICT COLLECTOR/CHAIRMAN, OF DSC, NTR TELUGU GANGA PROJECT, YSR KADAPA DIST ...RESPONDENT(S): Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES III 2 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 27276/2023 This writ petition is filed challenging the order of rejection passed by the 2nd respondent vide Office Order No. SE/NTR.TGP/KDP/AB/EC.5/93/M, dated 04.03.2020, whereby the claim of the petitioner for employment under the displaced persons category was rejected. 2. The case of the petitioner is that the lands of the petitioner were acquired for the purpose of construction of Pothuluri Veera Brahmendra Swami Reservoir under the Telugu Ganga Project. Thereafter, the Land Acquisition Officer passed Award No.32/87, dated 31.07.1987. Subsequently, on account of impounding of the water in the reservoir on 19.09.2005, the petitioner’s family was displaced and relocated, as such, they became a displaced family. 3. Under the provisions of G.O.Ms.No.98, dated 15.04.1986, the State extended the benefit of employment to one of the dependents in the displaced family and allocated 50% of vacancies in major/minor/power projects in the cadre of Junior Assistant and below. As the respondents failed to consider his case, the petitioner approached this Court in W.P.No.1608 of 2020, wherein this Hon’ble Court was pleased to direct the respondents to consider the case of the petitioner for providing employment under the displacement scheme as per G.O.Ms.No.98, dated 15.04.1986, if he is otherwise eligible and pass appropriate orders within a period of eight weeks. 3 4. Pursuant to the above said directions, the respondents considered the case of the petitioner and passed the order, which is impugned in the present writ petition. The sole objection raised by the respondent authorities is that the impounding of water took place on 19.09.2005, which was treated as actual date of displacement, and the cut-off date for submission of applications by displaced persons for inclusion of their names in the seniority list for employment was fixed as 18.09.2006, in terms of G.O.Ms.No.98, dated 15.04.1996. It is stated that, although the Award No.32 of 1987 was passed on 31.07.1987 and the displacement was taken on 19.09.2005, the petitioner submitted his application only on 10.03.2008, i.e., after the cut-off date/ 18.09.2006, as such, he is not entitled for appointment under the displaced persons quota in the said project. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 6. Learned counsel for the petitioner submits that the issue relating to limitation period is no longer res integra, as the similar issue fell for consideration before this Court in W.P.No.13543 of 2019, wherein this Court was pleased to allow the said writ petition directing the respondents to consider the case of the petitioner in terms of G.O.Ms.No.98, dated 15.04.1996, and also on par with the orders passed by the tribunal in O.A.No.9807 of 2009, dated 21.08.2009, without reference to the one year limitation period, as the said condition was removed by Memo No.480-LAR (2)87/2, dated 24.08.1987. Learned counsel for the petitioner further submits 4 that the orders passed in W.P.No.13543 of 2019 dated 01.02.2022 was assailed in W.A.No.356 of 2023. The Hon’ble Division Bench of this Court vide its judgment dated 17.11.2025 dismissed the said appeal upholding the findings recorded by the learned Single Judge which reads as under: “12. Reasons & Findings: (i) In the present case, the writ petitioners are similarly situated persons to the applicants in O.A.No.10637 of 2009 and as the applicants therein were provided job as per the order of the Tribunal wherein it is directed that irrespective of date of application or irrespective of limitation prescribed in G.O.Ms.No.98, Irrigation (Proj.Wing) Department, dated 15.04.1986, had been implemented after dismissal of the Special Leave Petition by the Apex Court on 04.07.2011. As such, now the State cannot take stand that the claim of the writ petitioners herein is time barred. (ii) It is an admitted fact that prior to issuance of G.O.Ms.No.98, Irrigation (Proj.Wing) Department, dated 15.04.1986, the lands of the petitioners were acquired by the State. As such, the time prescribed in G.O.Ms.No.98, Irrigation (Proj.Wing) Department, dated 15.04.1986 to submit the applications for appointment from the eligible candidates is need not to be taken into consideration in the light of the orders of this Court and Apex Court as discussed supra. Thus, the action of the State Authorities in rejecting the claim of the writ petitioners on the ground of time barred is untenable and unsustainable and liable to be dismissed.” 7. In view of the above, it is clear that the issue of period of limitation is no longer res integra, as such, the impugned order is liable to be set aside. 8. Accordingly, the writ petition is allowed. Consequently, the impugned order dated 04.03.2020 is set aside and the respondent authorities are directed to consider the case of the petitioner for appointment under the category of displaced persons within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs. 5 As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 01.07.2026 Dvs Whether the order is: Speaking ☑ Reasoned ☑ Reportable Non-reportable ☑ 6 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI 92 WRIT PETITION NO: 27276/2023 Dt: 01.07.2026 Dvs