The High Court · 2025
Case Details
Acts & Sections
Order
Heard Sri G. Raman Goud, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services_Il appearing on behalf of respondents.
2. The etiti ner D ra er as n er DDroached his Cou rts ee kin t e .....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3.d respondent herein with regard to non_ consideration of the application of the writ petitioner for employment under G.O.Ms.No.9B dated 15.04.1986 as being illegal, arbitrary and in gross violative of rights guaranteed under Article 74, 16, 2L and 300_4 of the Constitution of India and consequenily issue appropriate directions and pass such other order...,,.
3. The case of the petitioner, in brief, is that the petitioner is the land oustee under priyadarshini Joorala project and in seeking employment, earlier the petitioner filed O.A.No.1 0122 ot 2011 on the file of the Hon,ble Andhra pradesh Administrative Tribunal, Hyderabad as the petitioner.s house was acquired for i i; i 1 :] I l : l I : i i I I 'i I I t { ! t I ,
1. I 2 SN, J wP 5688 2022 the purpose of Priyadarshini loorala Project vide award No.51 of 2002 dated 03.12'2002 and the Tribunal vide its order dated16.04.2012hasdisposedofthesaido.A.,alongwith othersandinpursuancetothesame,aspeakingorderwas passed on 30.06.2012 stating that the petitioner's application was beyond one year from the date of the award' Subsequent to thereof, another acquisition was made by the Priyadarshini vide Award No.B of 2017, and thereafter the submitted representations dated 30'07'2018' loorala Project petitioner had ol.0B.20lBandlB.03.20lgalongWithnecessarydocuments addressed to the 2nd respondent herein and the 2nd respondent in turn had forwarded the same to the 3'd respondent vide letter dated 20.06.2019. Despite receipt of the letter dated 20'06'2019 and though more than 2 years had elapsed no action was initiated by the 3'd respondent herein' Aggrieved by the same the petitioner filed the present writ petition' 4 PE USED THE RECORD. (A) L forwa rded bv the znd f r A 5 2 e HC n o f Wa d o 2 9to 3rd o !n v! n n rf r m m r 3 wp_5688_:ilii under G.o.M s.N o. 9a h ereu n e ated 1 4 1
"I invite kind attentio to the references cited one sri K. Harish s/o. Hanman Narva Manda and #",XI"li:1H:l'; X:":"jT:l submitted a representation stating ,i",- Or" to non submission of applicati dispraced persons r;::" 1,:T:IH,,T,';J"L:::"J earlier. At present again vide award No.B/ 2017, dated 08.08.2017 and extent ot 0'05 gts was acquired' Hence the petitioner .ro* o 1. o'.2o 18 *, u. or. ro 1T""1",J;:; J:'rffi '::r, :? docu men ts.
1. Certificate Nr 26'07'20 78 i'P !!! :'ut'013' dated pebbair. ssued by the SDC, LA Unit, pJp -ov-s"oc?'
2. Certificate of i.., "i 3. Speaking Ord #'i{,1i li ;tu"30. t t . 2 o t r fl :,: : ; :,,# |: ;? iil[? l^? :?:1,,,,,6,., "
4. Certificate of Draughtsman Civil. (ITI) Therefore the representation along with above copy of documents are sent h further actions in tni. ..nuutt#ith for taking necessary 4 SN, J wP 5688 2022 (B) The relevant Dortion of the statement indicatino oetitioner's name at serial No.35 vl de letter N o s E r.c Gwl AB EC2 624 dated 1O.Oa .2o2 2o f Suoerintendinq Enqineer, Joqulamba Gadwal District addressed to Irrioation Circle, Gadwal. Suoerintendent Enqineer, Irriqation Circle, Pebbair, Wanaoarthv Di strict annexed to the counter affidav t fil ed spondent is extracted hereunder: "As per re-organization of Irrigation Department, some of the Un its/Circles/Divisions have been detached from one unit and attached to newly formed Un its/Circles/Divisions. In this regard, the above Villages and Mandal's are coming under the jurisdiction of the Superintending Engineer, Irrigation Circle, Pebbair Mandal of Wanaparthy District, which comes under territorial unit oF the Chief Engineer (I), Wanaparthy, Wanaparthy District. The details of transferred cases are as follows: SI. No 1 Case Tvpe WP Case N u mber 45599 Year 2016 2 3 4 5 6 WP WP 38323 2076 8455 2016 WP(TR) 1579 2017 WP(TR) 2031 2017 WP(TR) 531 2017 Name of the Petitioner with address K. Anand Kumar, S/o. Balaji, lurala Village, Atmakur Mandal, Wanaparthy District. Abdul Rahaman, S/o Late Mahod Yousuf Sha rif. R/o.H. N o.7-60/t, Boyapally Village, Mahbubnagar (V&M) District. C.Swetha Dlo. Srinivasa Reddy R/o. Earladinne Village of Amerchintha Mandal of Wanaparthy Distric! (Filed by SE). Venkataiah, Rtd Work Inspector, S/o.Late Sheshaiah, R/o. Nanadimalla, Atmakur (M), Wanapirthy District. Smt. Chandubee, Rtd-OS, Wo. Saleem, o/o Division No.6, Wanaparthy District. Bnugula Mohan, S/o.Karrenna, R/o. C/o. Abdul Pebbair, I 7 WP(TR) 3130 2017 8 9 WP(TR) 5191 WP(TR) 5241 10 WP(TR) 5380 2017 2017 2017 11 CC 738 2017 72 WP 13 WP 3476 3L2A 2017 2017 L4 WP 2801 2017 15 WP 2476 2017 16 WP 74lo 2017 r7 WP 10867 2017 18 WP 77666 2017 79 WP(TR) 2846 20 WP 19015 2017 2017 2t WP 43791 2017 22 WP(TR) 647 7 2017 5 SN, J wP_568E 2022 e Are p a rth D stri Ct Y Pos t o f S o Late Ma hod o/ N o 1 6 av pa 1 B v (v tc A db U &M D ) ( P N 3o 3 2 61 02 s/o. L rnganna/ Amerchintha Mandal o Su eI a Cove d R/o. C h n n a m a a A Ba a am uk r Ma nda @ v aM dn a ot I a a an o o M U a q o H a rs R/ Som u u Ka thepa Atma k rU bdu Ra ha m na hS a rIf R/ Ma h bu b an am tt r n Thirupathaiah Earladinne, Wana arth A Pra b ah B ha S ek r a an g K Ra U S o I d h a an Y D strict D s Abd u hS a r M a h b U n a n oN P l D Ra eS h Ame hrc n ha Ma dn a C Ra aE n ed r Re dd t, Ba a s a m Y tA m a kur aL te L s o R ha ma ow H N o 1 06 raI (v &M D ) 83 2 ., 02 61 S o M U ne Sv o m hrc n ht a ap p o HR/ ) M&( N o 5 1 o4 a an v aM hod Bo a pa ( P PM oN Yo f SUu a es 74 33 C o eds oR/ a na L nI N andimalla, District. a Reddy. Vo Mandal of Balaji, R/o.H.No.19- Atmakur (V&M), S o a na arl d n ne a an K Sat hs .,4 arth D ts 1 ct Ku m a f S h a n a a f s J D stnct Venkatanna, Kistampally Wana arth Ba as ma aNR/ o dn m a a art h D s rt c ofA District S o S u bba n na m rc ha tn h a Mandal R/o. oS re ch nth a mA Hanumanthu, Mandal of Geetamma, Amerchin Distr,ct. D/o.K urmanna R/o. Mandal of o mA Y p aM n a U I a v e a rth D str S o aH n U m a nt Uh aM dn a S o Pe dd a a an Am rce h nth Reddv rce h thn oR/ a Ma dn a oR/ Ea rl da nne rth D str Ct R/o. M na da ch e nn a D str ct 21 1 tma ku r s/ Gollaveedh Mandal, o.Nadipanna, t. Arepally Wanaparthy D.ceetha @ Earladinne, Wana Sekhar, Kistampal of Wan a h sa A m rch Venkataiah, Earladinne, Wana YEK ase hk oR/ H oN 01 I a e A D s nct K Cha dn 24 I l S h a na a a na arth D ts r LI D S ah f S o Ba r A so ed o HR/ r N o 91 &M(v ) 23 WP(TR) 5576 2017 24 WP 347 L 2017 25 WP(TR) 1403 26 WP(TR) 1819 27 WP 2637A 2017 2017 2018 2a WP 273t7 2018 )o WP 76299 20t9 30 WP 76372 2019 31 WP 5369 2020 32 WP 4013 2021 33 WP 37375 2021 34 WP 818 9 2021 35 WP 568a 2022 6 SN, J wP-5 68 8_2022 oL k a S o B eh m a P Sre Te hC n ca ss tas r h D S TIct a an t o/ v ne t ork n saI o D s o n 6 Pe bba r , R/o. H. No.15- 16/4, (V&lvl), Wanaparthy D/o.Puttaiah Atmakur G. S rava ni, BC Colony, District. G e n ak ta Ra am n a bPe ba r &M a n P Sat a Re dd a na a hrt &M Ba as a m Y S S o P aB D s flt R/ o Go S h D s 1t ct v R/ Redd a ra a h R/o. Po be b a r aH Un m a tn Uh a dn m a a rta h D S rt ct P N U S o Ye a a h ra S re t B he n d R Ame hrC a tn ha M a dn a 47 20 71 01 HoR/ oN 02 s rat t no o na a a rt h D s rt ct 93 o NR/ a an K S r n a Us aJ At am k u r M P SM rt n a su U La ks mh tmA hC 61 R/ o H S o at 1 9 o N a an e re &M rd as ke ha r S o U) I a e S/o. Ra mu lu, Amerchintha ar a rth D S a nn a District. I To aN I A mt a e D ts f C ussain, S/o- Nadipi .H.No.2-42, Arepa lti a an Naga Raju, Erladinne(v), Wana arth T.Anand, S/ l,lu lama lla Wana a rth A.H R/o Mandal Wana R.Nagamma, R/o. Rechinthala, District. K.Harish, Sl Kistam pally, Wana arth Distract. District. D/o. late Atmakur (M), o. Hanumanthu, Amarachintha hS 1 7 D s rt ct R/ M ce a n a ah n c raI o H N M na o 1 R/o. H. No.1-53, Mandal of o HR/ rU oN 5 2 1 M na Narasimhulu, (V), Armakur Savara nna, Wanaparthy R/ o. (M), In view of the a bove, the sa me is tra nsferred to Superintending Engineer, Irrigation Circle, pebbair Mandal of wanaparthy District, for further action and request of the acknowledgement may be issued in first instance.,, IS SI D U I N , 7 SN, J wP 5688 2022
5. Learned counsel appearing on behalf of the petitioner submits that the limited relief as prayed for by the petitioner in the present writ petition is a direction to the respondents to consider the representation of the petitioner for providing employment under G.O.Ms.No.9B dated 15.04.1986 as recommended by the Collector and District Magistrate, Wanaparthy to the District Collector, Mahabubnagar vide letter dated 20.06.2019 vide No.A/S9B/2019.
6. Learned Assistant Government pleader appearing on behalf of the respondents placed reliance on the averments made in the counter affidavit filed on behalf of the 4rh respondent referring to the letter of the Superintendent Engineer, Irrigation Circle, Gadwal, Jogulamba Gadwal District, addressed to the Superintending Engineer, Irrigation Circle, pebbair, Wanaparthy District vide retter No.SE/I.c/Gwr/AB/EC2/624 dated 10.08.2022 and submits that the case of the petitioner along with 34 displaced persons had been forwarded to the Superintending Engineer, Wanaparthy District on tO.OB.ZO22 by the Superintending Engineer, Irrigation Circle, Gadwal, requesting the Superintending Engineer, Irrigation Circle, pebbair, Wanaparthy District to take further action in view of the 8 SN, J wP 5688 2022 reorganization oF the Irrigation Department, since some of the Units/Circles/Divisions had been detached from one unit and attached to newly formed Un its/Circles/Divisions, however no action had been initiated as on date by the 5th Respondent _ Superintending Engineer, pebbair, Wanaparthy District.
7. Learned Assistant Government pleader submits that the writ petition could be disposed of directing the 5th Respondent _ Superintending Engineer, Irrigation Circle, pebbair, Wanaparthy District, to take appropriate action as indicated in the Ietter No.SE/I.C/GWL/AB/EC21624, dated 10.OB.2O2Z of Superintending Engineer, Irrigation Circle, Gadwal, Jogulamba Gadwal District and pass appropriate orders on the representation of the petitioner as indicated in the letter forwarded by the 2nd respondent i.e., the District Collector and District Magistrate, Wanaparthy vide No.A/598/2019, dated
20.06.2019 addressed to the 3'd respondent, as per the rules in force as on date. Learned Ass stant G vernment Plead r Dornts out that G.O.Ms. t\Lo.98 dated 1 5. 986, ls notinfo rce as on date ther re the resDon should be directe er the tio r's ca on date. 9 SN, J wP 5688 2022
8. Learned counser appearing on beharF of the petitioner does not dispute the said submission made by the learned Assistant Government pleader appearing on behalf of the respondents.
9.7 kinq into consi eratron: (A) The aforesaid facts and circumstances of the case, (B) The submissions made by the learned counset appearing on behalf of the petitioner and the learned Assistant Government pleader appearing on behalf of the respondents, (C) The contents of the Letter dated 2O.06.2O19 vide No.A/59g/2019 of the Collector and Dastrict Magistrate, Wanaparthy addressed to the District Collector, Mahabubnagar, duly forwarding the representations filed by the petitioner seeking employment under G.O.Ms.No.9g dated 1S.04.19g6 having not been considered as on date, (D) The contents of the letter dated LO.OA.2O2Z forwarded by Superintending Engineer, Irrigation Circle Gadwal, Jogulamba Gadwal District addressed to the Superintendent Engineer, frrigation Circle, pebbair. 10 SN, J wP 5688 2022 ' Wanaparthy District transferring the petitioner,s case for consideration in view of the fact that the subject issue as per reorganization of Irrigation Department fall under unit of Superintending Engineer, Irrigation Circte, Pebbari, Wanaparthy and the fact that no steps had been initiated till as on date by the 5th respondent in this regard, The Writ petition is allowed. The 5th respondent is directed to pass appropriate orders as per the instructions issued vide letter No.SE/I.C/GWL/AB/ECZ/624, dated LO.O8.2O22 of Superintending Engineer, Irrigation Circle, Gadwal, Jogulamba Gadwal Dastrict addressed to the 5th Respondent herein referring to the case of the petitioner at serial No.35 in the tabular statement, duty examining the representations of the petitioner as forwa rded vide the lefter of the Collector and District Magistrate, Wanaparthy addressed to the District Collector Mahabubnagar vide NO.A/Sge/2O19 dated 2O.O6.2O19, in accordance to law, as per the rutes in force as on date, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioner, duly considering relevant material documents in support of 11 *.-rurr-i);i Petitioner,s case and pass period of four (O4) weeks copy of this order and duly the petitioner. However, th costs. appropriate orders. within a from the date of receipt of a cornmunicate the decision to ere shall be no order as to The miscellaneous applications, if any pending, closed. shall stand \ To, //TRUE COPY// nssrsrTr{'f hJAYrSi[eEE SECT N OFFICER ; fl#il$"?.ffi ffiffi'trhnfffffilt*i#,r;;;_, _._ The Superintending Engineer, I ragation Circle Pebbair, W one CC to Sri G undrati Raman Goud, Advocate [OPUC Two CCs to Gp for Services ll High Court for the State of Telangana, at Hyderabad tOUI anaparthy District 5 o 7 I B. Two CD Copres a TJ KK ,l I ): t1 HIGH COURT CC TODAY DATED :31 lO7 12025 {)o ( I ,< '..,,''l .-,/ 4t /t' ^il1 ' ' ORDER WP.No.5688 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS