HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON 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.5 and 6.

2. The petitioners approached this Court seeking the prayer 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 & 5 in particular in not providing employment to anyone of the petitioners under land losers/dependents quota in the light of acquiring the agricultural land an extent of Ac.01.37 cents in Sy.No.883/3/63 situated in Sambaigudem of 2^nd and 3^rd petitioners’ grandfather Mr.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.....”

3. The case of the petitioners, in brief, as per the averments made in the affidavit filed by the petitioners in support of the present Writ Petition is as under:

The petitioners’ grandfather, late Yerraboina Veera Malla S/o. Lingaiah, owned agricultural land admeasuring Ac.1.37 cents in Sy.No.883/3/63 situated at Sambaigudem village, which was acquired in the year 2005 for construction of the 4^th respondent power project by paying compensation amount of Rs.5,50,000/-. As per G.O.Ms.No.98, Irrigation (Projects Wing) Department, dated 15.04.1986, land losers or their dependents are entitled to employment under the land losers/dependents quota besides compensation. However, while acquiring their grandfather’s land, the respondents had arbitrarily given three options (1) Job, (2) Compensation, and (3) Pension contrary to the established policy and law.

It is further the case of the petitioners that respondent Nos.4 and 5 have not provided employment to any of the petitioners under the land losers/dependents quota, despite the acquisition of the petitioners’ agricultural lands, which is contrary to G.O.Ms.No.98, Irrigation (Projects Wing) Department, dated

15.04.1986.

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/dependents 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.

5. Learned Assistant Government Pleader appearing on behalf of the respondents submits that the petitioners have not made any written representation to the respondents seeking employment for any of the petitioners under the land losers/dependents quota as on date, on the condition of depositing the compensation amount received by the grandfather of petitioner Nos.2 and 3, therefore, the petitioners cannot allege inaction on the part of the respondents and hence, the respondents cannot be held liable of not considering the grievance of the pet