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2022 Supreme(AP) 843

IN THE HIGH COURT OF ANDHRA PRADESH
Ravi Nath Tilhari, J.
Pothireddy Amerlinga Reddy – Petitioner
Versus
The Chief Engineer – Respondent
Writ Petition Nos.40372, 41570, 41580, 42188, 44296, 44308, 44356, 44648, 44799 & 45057 of 2018 & Contempt Case Nos.1081, 939, 956, 969, 1421, 1432 & 1437 of 2021
Decided On : 07-07-2022

Advocates:
Advocate Appeared:
For the Petitioner: A Phani Bhushan

Headnote:

Constitution of India, 1949 - Article 226 – Power of High Court to issue certain writs – Relief Claimed – Learned counsel for petitioners and Sri Bheema Rao learned counsel for respondents batch of petitions – Held, Learned counsels parties submit that in all writ petitions common question is involved based relief claimed same nature considering submissions advanced by learned counsels for parties – Court interpretation placed by respondents case cannot be said that there was willful, deliberate, disobedience of interim orders passed writ petitions – Writ petition dismissed.

JUDGMENT :

1. Heard Sri A. Phani Bhushan, learned counsel for the petitioners and Sri Bheema Rao, learned counsel for the respondents in all the batch of petitions.

2. Learned counsels for the parties submit that in all the writ petitions common question is involved based on the same facts and the relief claimed is of the same nature.

3. With the consent of the learned counsels for the parties, all the writ petitions are being decided by the common judgment making W.P.No.40372 of 2018, the leading writ petition.

4. Writ Petition No.40372 of 2018, under Article 226 of the Constitution of India has been filed for the following relief:-

    “It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, Order more in the nature of Writ of Mandamus declaring the action of the 1st and 2nd respondents in keeping the proposals pending for inclusion name of the petitioner along with others in the 1st phase list since 2015 even in receipt of reminders, pursuant to the Letter No.CE/NTR.TGP/TPT/C2/9160/SP/DIS/2017, dated 05.07.2017 of the 1st respondent from the 3rd respondent vide Memo No.671042/R&R-A2/2017-1, dt. 21.08.2017 and Memo No.598746/R&R-A2/2017-1, dt. 29.05.2017 R/w Memo No.892539/R&R-A2/2017-1 dt. 04.12.2017 without enforcing the same is illegal and unreasonable and consequently direct the 1st and 2nd respondents to include the names of the petitioner along with others in the 1st phase list and forward the proposals to provide the benefit of G.O.Ms.No.98, dt. 15.04.1986 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

5. The facts of the case as submitted by learned counsel for the petitioners are that in the year 1986 State Government acquired the land of many persons including 1259 persons and after their lands were submerged, they became displaced persons. Out of those 1259 persons 1258 are the petitioners in the present writ petitions.

6. On 15.04.1986, the Government issued G.O.Ms.No.98, Irrigation (Proj. Wing) Department, dated 15.04.1986 for providing appointment to the eligible displaced candidates in major and medium irrigation and power projects. Despite thereof, 1258 persons, the petitioners and one T.Sreedhar could not get any placement as their names were included in the second phase seniority list and not in the first phase seniority list. The petitioners are seeking a relief that they should be included in the first phase seniority list pursuant to the Government Memos. dated 29.05.2017, letter dated 05.07.2017, Memo dated 21.08.2017 and Memo dated 04.12.2017.

7. Sri A.Phani Kumar, learned counsel for the petitioners submits that initially a list of 320 candidates was prepared in the firstphase, but, later on, because of relaxation of one year eligibility condition fresh applications were invited and out of 14,554 applications received seeking employment in terms of G.O.Ms.No.98, scrutinized by the duly constituted District Selection Committee it finalized list of 9751 displaced persons. In that list of 9751 displaced persons, the petitioners herein and one more person T.Sreedhar, were included at different places. Later on, on the petitioners’ representations, Vide letter dated 05.07.2017 issued by the Chief Engineer, NTR Telugu Ganga Project, addressed to the Secretary, Irrigation Water Resources Department, necessary permission was sought to separate the names of the eligible displaced persons from the second phase seniority list and to include them in the first phase seniority list at appropriate places in terms of G.O.Ms.No.98, dated 15.04.1986, upon which the Government Memo dated 21.08.2017 was issued, granting permission to the Chief Engineer to separate the names of those 1259 displaced persons from the second phase seniority list and include them in the first phase seniority list at appropriate place. 1258 such displaced per

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