High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a wnt or order, orders or directions more particularly one in the ...RESPONDENTS nature of Writ of Ir,4andamus i) declaring the action of thr: respondents in general and the responde,nts 4 and 5 in particular in not providinc employment to anyone of the petitioners under land lose rs/d epen dents quota in the light of acquirrng the agricultural land an extent of Ac.01 37 cents in Sy t o.g83/3/63 situated in Sambaigudem of 2nd and 3rd petitioners grand-father l\il r yerraboina Veera lt/alla S/o. Lingaiah as illegal, arbitrary, discriminative, contrary to G.O.t\/s. No.gB lrrigation (Pro;ec's wing) Department, dt.15-04-'1 986 b--sides violative of the Arts.14 and 16 of the constitution of lndra and ii) (ronsequen|y, drrect the respondents in qeneral and respondents 4 and 5 ir particular to provide employment to anyone of the petitioners under land loser:; dependents quota. lA NO: 1 OF 2022 Petition under Section 151 cpc praying that in the :ircumstances stated in the affidavit filed in support of the petition, the High c,r rrt may be pleased to direct the respondents in general and respondents 4 and 5 in particular to provide employment to anyone of the petitioners under land lose r:/depen d ents quota on condition of depositing the compensation amount taken b1,the grand-father of 2nd and 3rd petitioners; rn fixed deposit. Counsel for the Petitioner : SRI PEETA RAMAN Counsel for the Respondents No.1to4 : SMT.A.DEEpTHI SC FOR TG GENCO Counsel for the Respondents No.5&6 : Gp FOR REVENLTI: The Court made the following: ORDER .rrylr.f-ralr, -".!Et3*!. '-t '.. i .i ./ HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITIO N No.22247 OF 2022 ORDER: Heard Sri Peeta Raman, learned counsel appearing on behalf of the petitioners, Smt. A.Deepthi, learned Standing Counsel for TG GENCO appearing on behalf of the respondent Nos.1 to 4 and the learned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.s and 6. 2 The oetitioners aooroached this Court seekino the Draver as under: "...to issue a writ or order orders or directions more particularly one in the nature of Writ of Mandamus- i) declaring the action of the respondents in general and the respondents 4 & 5ln particular in not providing employment to anyone of the petitioners under land Iosers/depend ents quota in the light of acquiring the agricultural land an extent of Ac.01.37 cents in Sy.No.gg:/:/03 situated in Sambaigudem of 2nd and 3'd petitioners' grandfather lulr.Yerraboina Veera Malla S/o. Lingaiah as illegal, arbitrary, discriminative, contrary to G.O.Ms.No.98 Irrigation (Projects Wing) Department, dt.15-04-1986 besides violative of the Arts.14 & 16 of the Constitution of India; and ii) consequently, direct the respondents in general and respondents 4 & 5 in particular to provide employment to anyone of the petitioners under land losers/dependents quota iii) and pass..... " 2 SN,J \\,D )))47 1(D)

3. The case of the petition ers, aver m en ts ma de in the affidavit filed bv :he petitioners ln support of the present Writ petition is as qnqler: rief, as Der The petitioners' grandfather, rate yerra roina Veera Maila S/o. Linqaiah, owned agricultural land admease ring Ac.1.37 cents in Sy.No.B{i313/63 situated at Sambaigudem ,,illage, which was acquired in the year 2005 for construction of t he 4rr, respondent power project by paying compensation amoun: of p.s.5,50,000/_. As per G.O.Ms.No.98, Irrigation (projects V/ ng) Department, dated 15,04.1986, land losers or their dependernts are entiUed to employment under the land losers/dependenrs quota besides compensatic,n. However, while acquiring their g1 .andfather,s the respondents had arbitrarily given three opt ons (1) Job, (2) Compensatic,n, and (3) pension contrary to the rrstablished policy and law. land, It is further the case of the petitioners that respondent Nos.4 and 5 har,,e not provided employment to any ,ri the petitioners under the land losers/dependents quota, despite t he acquisition of the petitioners, agricultural lands, which is contrary to ...:r 14-::.ri:r+!t/ .,/ -,/ /, J SN,J wp 22241_2022 G.O.Ms.No.98, Irrigation (Projects Wing) Department, dated 1 5.04. 1986 It is Further the case of the petitioners that denial of employment on the ground that petitioners'grandfather had opted for compensation is illegal, discriminatory, and violative of petitioners'right to livelihood. The petitioners express readiness to refund the compensation amount if required, and seek a direction to the respondents to provide employment to any one of the petitioners under the land losers/d epend e nts quota, however, the request of the petitioners had not been considered as on date. Aggrieved by the same, the petitioners filed the present writ petition.

4. Learned counsel appearing on behalf of the petitioners, submits that the petitioners' grandfather received certain amounts, which were deposited in the bank with interest. However, the request of the petitioners, particularly to respondent Nos.4 and 5, to provide employment to any one of the petitioners under the land losers/dependents quota, had not been considered till as on date. !-- '.. ':}(;e 'Y.1'-;-::,f1:!i ."; ,: !..' 4 SN.J ttp 2))17 2022 seeking

5. Learned Assistant Government pleader i ppearing on behalf of the respondents submits that the petitior (,rs have not made any wriu en representation to the rerj londents employrnent for any of the petitioners under the land losers/dept:nden ts q uota as on date, on the condition of depositing the compensation amount received ry the grandfaiher of petition€,r Nos.2 and 3, therefore, the petitic ners inaction o1 the part of the respondents and hence, the respondent; cannot be held liable of not conside ring the grievance of the petiLioners as per law as put_Forth in t he present Writ cannot allege Petition.

6. Taki nq r ntocon idera tion: a) The aforesaid facts and circumstances of the case/ b) The submissions made by the krarned counsel appearing on behalf of the petitioners and the learned Assistant Government pleader for Revenue appearing on behalf of the respondents 5 and 6, c) The fact that the petitioners had not represented to the respondents as on date pert,rining to the gflevance as put forth in the present wr it petition, .r*,aw 5 SN,J wp_22247 _2022 The wrlt oetition is disposed of directinq the oetitioners to ut forth the orievance of th oetitioners as out forth in the present writ oetition. bv wav of a detailed reoresentation addressed to resDond ent Nos.4 and 5, with a soecific request to orovide emolovment to anv one of the oetitioners under the land losers/deo ndents ouota indicatino tha the comoensation amount received bv the qrandfather of Detitioner Nos.2 and 3 towa rds acquisition t ha heen de osited tn he ban k with 8 o/o inter n s est a nd the { petitioners are willinq to return the said amounts to Government. Uoon recei of such reoresentation, resoondent Nos,4 and 5 are directed to con sider the same in accordance with law, in conformitv with t e orincioles of natural iustice bv orovidinq an oooortuni tv of oersonal hearinq to the petittoners, a d pass apDroDriate -detailed, rea son edo rders thereon oertainino to the reouest of the r rovidin m nt to an on er Iand I ents uo tn h of acouirino t e aqricultural land to a n extent of Ac.O1,37 cents in Sv.No. AA313/63 situated in Sa mbaioudem of 2nd & 3'd oetitioners' qrandfather Mr.Yerrabo ina Veera Malla S/o !-tI-\.1t.,'1o*6}q3 6 SN,J wp_22247 7022 Linqaiah, within a period of six (6) weeks from the date of receipt of a copv of this order, and dulv communicate the decision to the petitio ners. There shall br: no order as to costs. As a sequel, the miscellaneous petitions. if any, pending in the Writ Petition shall also stand closed. t sc/=A. ,ASSI FRINIVASA REDDY qTANT REGISTRAR To, ,TRUE COPY// t SECTION OFFICER

1. The Charrnran and N,4a Ma;ug;;,"8;rjl"jli'flotnrsrdem Drstrict, r"i"ngrcJluf Somaiiguda uvo"rrn#8lg Director' TS GENCO '4cvuth soudha, 2 The Directc,r (HR), fS Genco, Vidyuth Soudha, Somariguda, Hyderabad_82. 3 The Directcr (prolects). TS Genco, Vidyuth Soudha, I,omajiguda, Hyderabad- 4 .f.h" Bhadradri fhermal power Station, Rep. bv its 5. The Drstnct Collector _cum_Chalrman of the selectton commlttee for land 6. The Distr rct Colleclor -cum{hairman of the selectron rommittee for land tosers. Knarnmam Drstrrct. Kh;;;;; t;l;";;;?:, 7. One CC io []Rl PEETA RAIMAN, Advocate. tOpUCl 8. One CC to SjrvtT A DEEprHt, SC FOR TG GENCO t: pUCl n tosers Bhariradrr Kothagudem Di.tili, K;i;Jg:;E!,m Iyo""?rt;l'fitii- REVENUE, High court ror the silate or rerangana at Engineer (o and rr.il), "rarsara 10 Two CD Copres CI BSK BS HIGH COURT DATED:23l|gl202| CC TODAY 'i L F'J s' ,) q o ll_ ?j 1' .,i -C ,.. .,,),-; c" ..1,' l) ,f ORDER WP.No.22247 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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