HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.5688 of 2022

ORDER:

Heard Sri G. Raman Goud, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-I I appearing on behalf of respondents.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3^rd respondent herein with regard to non- consideration of the application of the writ petitioner for employment under G.O.Ms.No.98 dated 15.04.1986 as being illegal, arbitrary and in gross violative of rights guaranteed under Article 14, 16, 21 and 300-A of the Constitution of India and consequently 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.10122 of 2011 on the file of the Hon’ble Andhra Pradesh Administrative Tribunal, Hyderabad as the petitioner’s house was acquired for the purpose of Priyadarshini Joorala Project vide award No.51 of 2002 dated 03.12.2002 and the Tribunal vide its order dated 16.04.2012 has disposed of the said O.A., along with others and in pursuance to the same, a speaking order was 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 Joorala Project vide Award No.8 of 2017, and thereafter the petitioner had submitted representations dated 30.07.2018, 01.08.2018 and 18.03.2019 along with necessary documents addressed to the 2^nd respondent herein and the 2^nd respondent in turn had forwarded the same to the 3^rd 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^rd respondent herein. Aggrieved by the same the petitioner filed the present writ petition.

4. PERUSED THE RECORD.

(A) Letter forwarded by the 2^nd respondent –

Collector & District Magistrate, Wanaparthy vide No.A/ 598/ 2019 dated 20.06.2019 to the 3^rd respondent – The District Collector, Mahabubnagar regarding the representation of the petitioner for providing employment under G.O.Ms.No.98 dated 15.04.1986, is extracted hereunder:

“I invite kind attention to the references cited one Sri K. Harish S/o. Hanmanthu, R/o.Kistampally (V) formerly Narva Mandal and presently Amarchintha mandal has submitted a representation stating that due to non submission of application for providing employment under displaced persons Quota his application was rejected earlier. At present again vide award No.8/2017, dated 08.08.2017 and extent of 0.05 gts was acquired. Hence the petitioner submitted fresh representation on 01.08.2018 & 18.03.2019 along with the following copy of documents.

1. Certificate No.D/A/138/2013, dated

26.07.2018 issued by the SDC, LA Unit, PJP Pebbair.

2. Certificate of D/1483/2011, dated 30.11.2011 issued by SDC, LA Unit, PJP Gadwal.

3. Speaking Order No.SE/1PJP/AB/EC2/831, dated 15.07.2016 issued by the SE, PJP Circle No.1, Gadwal.

4. Certificate of Draughtsman Civil. (ITI)

Therefore the representation along with above copy of documents are sent herewith for taking necessary further actions in this matter.”

(B) The relevant portion of the statement indicating petitioner’s name at serial No.35 vide letter No.SE/ I .C/ Gwl/ AB/ EC2/ 624 dated 10.08.2022 of the Superintending Engineer, I rrigation Circle, Gadwal, Jogulamba Gadwal District addressed to the Superintendent Engineer, I rrigation Circle, Pebbair, Wanaparthy District annexed to the counter affidavit filed by the 4^th respondent is extracted hereunder:

“As per re-organization of Irrigation Department, some of the Units/Circles/Divisions have been detached from one unit and attached to newly formed Units/Circles/Divisions. In this regard, the abov