WP/8481/2026 of SK MAHABOOB BASHA Vs THE STATE OF ANDHRA PRADESH on 1 April 2026

1. SK MAHABOOB BASHA, S/O. KHAJAVALI, AGED 40 YEARS, R/O. KOTHURU, NELLORE RURAL, SPSR NELLORE DISTRICT - 524004.

2. DASARI CHENCHAIAH,, S/O. PULLAIAH, AGED 43 YEARS, R/O. SHIVAGIRI COLONY, MULAPETA, SPSR NELLORE DISTRICT - 524004.

3. ROLLA KOTESWARARAO,, S/O. SUNDHARAIAH, AGED 38 YEARS, R/O. KOTHA KAMBALAPALLI, PODALAKURU MANDAL, SPSR NELLORE DISRICT - 524409.

4. SATTU EDUKONDALU,, S/O. CHINNA RAMAIAH, AGED 45 YEARS, R/O. SHIVAJI NAGAR, BUJA BUJA NELLORE, SPSR NELLORE DISTRICT - 524004.

5. DASARI SURESH,, S/O. CHENCHAIAH, AGED 30 YEARS, R/O. OBULAYAPALLI, RAPUR, SPSR NELLORE DISTRICT - 524414.

6. MURALA MASTHAHAIAH,, S/O. RATNAIAH, AGED 35 YEARS, R/O. OBULAYAPALLI, RAPUR, SPSR NELLORE DISTRICT - 524414.

7. GANTALA MASTHANAIAH,, S/O. NARASAIAH, AGED 34 YEARS, R/O. OBULAYAPALLI, RAPUR, SPSR NELLORE DISTRICT - 524414.

8. ROLLA RAJESHC, S/O. SIVAIAH, AGED 40 YEARS, R/O. KOTHA KAMBALAPALLI, PODAIAKURU MANDAL, SPSR NELLORE

DISRICT - 524409.

9. ROLLA KALPANA,, D/O. MAHADEVAIAH, AGED 29 YEARS, R/O. KOTHA KAMBALAPALLI, PODAIAKURU MANDAL,

SPSR NELLORE DISRICT - 524409.

...PETITIONER(S) AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,

WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. - 522238.

2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (RR) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. - 522238.

3. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT - 524001.

4. THE CHIEF ENGINEER, TELUGU GANGA PROJECT, ALIPIRI BYPASS ROAD, SRINIVASA NAGAR, TIRUPATI - 517507.

5. THE SUPERINTENDING ENGINEER, S.S.L.C AND S.B. CIRCLE, NELLORE, SPSR NELLORE DISTRICT - 524001.

...RESPONDENT(S):

The Court made the following ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue Writ or order direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in not including the names of the petitioners in the seniority list of 106 candidates, who seek employment under the displaced persons quota of Kandaleru Reservoir Project vide Memo No. 641/R and R-A2/2012-2, dt.26.12.2014 of the 1st respondent, as per eligibility in terms of G.O. Ms. No. 98 Irrigation and CAD (PW) Department dt. 15.04.1986, as illegal, unjust, arbitrary, contrary to Articles 14 and 16 of Constitution of India and consequently direct the respondents-authorities to include the names of the petitioners in the seniority list under displaced persons quota of Kandaleru Reservoir Project and appoint in any suitable post and to pass

2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.

3. The learned counsel for the petitioners submits that in similar facts and circumstances, this Court has already granted relief in W.P. No.33135 of 2023 by order dated 23.01.2025, and therefore the petitioners are also entitled to the same relief.

The petitioners further brought to the notice of this Court that under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, the condition of one-year limitation prescribed therein cannot be insisted upon, in view of Government Memo No.480-LAR (2)/87-2, dated 24.08.1987, the orders of the A.P. Administrative Tribunal in O.A.No.7917 of 2003 dated 16.07.2007, the judgment of the Hon’ble High Court in W.P.No.2436 of 2011 dated 08.02.2011 which was confirmed by the Hon’ble Supreme Court in SLP No.14305 of 2011 by order dated 04.07.2011, and also the common judgment of this Court in W.P.(AT) No.174 of 2021 and batch dated 13.12.2022.

5. In fact, the learned counsel for the petitioners also brought to the notice of this Court the observations in W.A.No.356 of 2023. Certain writ petitions, wherein rejection of the cases of the petitioners under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, was challenged, were allowed, and the appeals preferred therein were disposed of with the following observation: “In this Connection it is respectfully submitted that recently this Court rendered an elaborate Judgment on the subject matter in W.P.(AT) No.174 of 2021 and batch, dated 13.12.2022 by considering all the earlier Judgments passed by APAT and the D.B. of this Hon’ble High Court in W.P.No. 2436 of 2011 which was confirmed by the Hon’ble Apex Court in Special Leave to Appeal (Civil) No.14305 of 2011, dated 04.07.2011, directing the Respondents to provide employment to the Petitioners therein by adopting the procedure prescribed in G.O.Ms.No.98, dated 15.04.1986 and also in respect of other candidates, who now remain out of employment. I am also similarly situated and identically placed to the petitioners therein and entitled for appointment in terms of G.O.Ms.No.98. Hence, this Writ Petition.”

6. On perusal of the directions of the Division Bench of this Hon’ble High Court in W.P.No.2436 of 2011, this Writ Petition is disposed of, directing the respondents to consider the case of the petitioners for appointment as per G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986 and to pass appropriate orders. The said exercise may be completed within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

________________________ JUSTICE D RAMESH 02.04.2026

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THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 8481/2026

02.04.2026 klk