Penugonda Veera Mohan v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRIJUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 37114 OF 2021 Between:

Penugonda Veera Mohan, S/o. Poornachand raia h, Aged about 34 years, occ. Agriculture, R/o. H.No. 1-73, Dammakapeta Village, Manuguru I\,4andal, Bhadradri-Kothagudem District-5071 1 7 ...PETITIONER AND The State of Telangana, Rep. by its principal Secretary, Revenue Department, Secretariat, Hyderabad-500022.

The State of Telangana R9p !y its principal Secretary, Department of Energy, Secretariat, Hyderabad-500022.

The District Collector-cum-Land Acquisition Officer, Kothagudem, BhadradriKothagudem District-So7 1 01 The Sub-Collector, Palvoncha-cum-Land Acquisition Officer, BhadradriKothagudem District-SO71 15. , The Sub-Collector, Bhadrachalam, Bhadradri-Kothagudem District. ^ The Tahsildar, Manuguru Mandal, Bhadradri-Kothagudem District-s071 1 7. I|g 9l',iSIFl.Sjneer, construction BTPS, Manuguru, Bhadradri-Kothagudem District-507'1 17.

The Superintendent Engineer, Civil, Kothaoudem Tharmal power Station New Palvoncha, Bhadradri-Kothagudem District-S071 1 S. ...RESPONDENTS 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 writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not provlding the petitioner, job i.e., Trainee Junior plant Attendant in Telangana state Genco under the control of chief Engineer, construction, BTPS, lvanuguru under Land Losers quota in lieu of acquiring land to an extent of Ac. 0-11 gts in sy.No. 105412 and Ac. 0-19 gts in sy.No. 1055/2 situated at Ramanujavaram Village, ,4anuguru l\,4andal, B hadradri-Kothagudem District for constructron of 4 into 270 Mw rhermal power Station at Manuguru, under section 31

(1) and 38 (1), I schedule and ll schedule of the Right to Fair compensatron and Transparency in Land Acquisition, Rehabiritation and Resettrement Act, 2013 (No. 30 of 2013) and r/w. resorution dated. 17-04-2016 and 07-04-2016 by the Collector, Bhadradri-Kothagudem District, Bhadradri_Thermal power District Station, Manuguru R and R project adhoc committee is iflegar, arbitrary nu and void and section 14 of the constitution of lndia, inspite of many request orally and documentary

made to the respondents and consequentially direct the respondents to provide job to the petitioner i.e., Trainee Junior plant Attendant in Telangana State Genco under the control of Chief Engineer, construction, BTPS, Manuguru under Land Losers quota jn lieu of acquiring land to an extent of Ac. 0-1 1 gts in Sy.No. 105412 and Ac. 0-19 gts in Sy.No. 1055/2 situated at Ramanujavaram Village, Manuguru Mandal, BhadradriKothagudem District for construction of 4x27O MW Thermal Power Station at Manuguru, under section 31 (1) and 38 (1), I schedule and ll schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20'13 (No. 30 of 2013) and r/w. resolution daled.

17-04-2016 and 07-04-2016 by the District Collector, Bhadradri-Kothagudem District, BhadradriThermal Power Station, Manuguru R and R Project adhoc committee. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to provide the petitioner, job i.e., Trainee Junior plant Altendant in Telangana State Genco under the control of Chief Engineer, construction, BTPS, Itr]anuguru under Land Losers quota in lieu of acquiring land to an extent of Ac. 0-1 1 gts in Sy.No. 105412 and Ac. 0-19 gts in Sy.No.

'1055/2 situated at Ramanujavaram Village, Ivlanuguru Mandal, Bhadradri-Kothagudern District for construction of 4 into 270 MW Thermal Power Station at Manuguru, under section 31 (1) and 38 (1), I schedule and ll schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013) and r/w. resolution dated. 17-04-2016 and 07-04-2016 by the District collector, BhadradriKothagudem District, Bhadradri-Thermal Power Station, Manuguru R and R Project adhoc committee pending disposal of the writ petition. Counsel for the Petitioner: SRI S. MADAN MOHAN RAO Counsel for the Respondent Nos. 1 to 6: GP FOR SERVICES'II Counsel for the Respondent Nos. 7 and 8: Ms. A.

I IHE HON'BLE SRI JUSIICE ABHINAND KUMAR SHAVILI WRII PETITION No.37l'14 ol 2021 ORDER:

This wrll petition is being disposed of ot the odmission stoge with lhe consent of both porties Thls writ petition is filed seeking the following relief: "...... to issue writ, order or direction more particutarty one in the nature of writ of Mandamus declaring the action of the respondents in not providing the petjtjoner job i.e., "Trainee Junior ptant Attendant" in Tetangana State Genco under the controI of Chief Engineer, construction, BTPS Manuguru under 'Land Losers quota'in iieu of acqulring [and to an extent of Ac.0-'1 1 gts., in Sy.No.1054/2 and Ac.0-'19 gts in Sy.No.

1055/2 situated at Ramanujavaram Vittage, Manuguru Mandat, Bhad radri-Kothagudem Distrjct for construction ol 4x270 MW Thermal Power Station at Manuguru under section 31 (1) and 38 (1), I schedute and ll schedute of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabititation and Resetttement Act, 2013 (No.30 of 2013) and r/w resotution dated 17.04.201 6 and 07.04.2016 by the District Cottector, Bhadradri-Kothagudem District, Bhadradri-ThermaI Power Station, Manuguru R and R Project adhoc comm'ittee is it[ega[, arbitrary, nutl and void and section 14 of the Constitution of lndia, inspite of many request oratly and documentary made to the respondents and consequentty direct the respondents to provide job to the petitioner i.e.

, Trainee Junior Ptant Attendant" in Telangana State Genco under the control of Chief Engineer, Construction, BTPS, Manuguru under'Land Losers quota'in tieu of acquiring tand to an extent of Ac.0-'1 '1 gts., in Sy.No.1054lZ and Ac.0'19 gts in 5y.No.

Resetttement Act, 2013 (No'30 of 2013) and r/w resotution dared '17.04.2015 and 07.04'20'15 by the District coltector' Bhadradri-Kothagudem District' Bhadradri-ThermaI Power Station, Manuguru R and R Project adhoc committee "" "" Heord Sri S.Modon Mohon Roo' Ieorned counsel oppeoring for lhe petitioner, leorned Governmen't Pleoder for Services-ll ond Ms.A.Deepthi,leornedStondingcounseloppeoringforrespondents / ono 6.

lthosbeencontendedbythepeiitionerthothisfomily owned ogricullurol lond ond lhe respondents hove ocquired ogricullurol lond for estoblishing power stotton ond ossured him thot employment would be provided to him in terms of lhe policy of the respondenls' ln those set of clrcumsionces' he hos submiited o detoiled representotion to the respondents on 3l 'lO'20,l6 requesting to provide employment, os he is o lond oustee' But' so for' the I respondents hove not possed ony orders on the soid representotion' Therefore, leorned counsel oppeoring for the peiitioner hod confended thot oppropriole orders be possed in the writ petiiion direcling the respondents to consider lhe cose of the peti'tioner for providing employment ln lerms of the policy of lhe respondents' os the Pelltioner is o lond ouslee'

LeornedGovernmenlPleoderoppeoringfortherespondenls hod contended ihot the petitioner's brother wos olreody provided employmenl. Be ihot os it moy' since the representolion of the petitioner is pending with the respondents' the respondents would consider ihe some ond poss oppropriote orders in occordonce with low.

This Court. hoving considered the rivol submissions mode by the porties, is of the considered view ihol this writ pelition con be disposed of directing the respondents to consider the representotion submilted by the pelitioner on 31.10.2016 ond poss oppropriote orders in occordonce with low With the obove directions, lhe writ petiiion is disposed of. No cosls Pending miscelloneous peiliions, if ony, sholl siond closed. SD/.K.AMMAJI ASSISTANT REGISTRAR ll:

//TRUE COPY'

SECTION OFFICER To, 'l . The principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyd erabad-500022.

2. The principal^S^ecretary, Department of Energy, State of Telanganasecretariat, Hydera bad-500022.

3. The District Colleclor-cum-Land Acquisition Officer, Kothagudem, BhadradriKothagudem District-507 101

4. The Sub-Collector, Palvoncha-cum-Land Acquisition Officer, BhadradriKothagudem District-5071 1 5.

5. The Sub-Collector, Bhadrachalam, Bhadradri-Kothagudem District.

6. The Tahsildar, Manuguru Mandal, Bhadradri-Kothagudem District-5071 1 7. Z ]|g pf i_e! _engineer, construction BTpS, Manuguru, Bhadradri-Kothagudem District-5071 1 7.

8. The Superintendent Engineer, Civil, Kothagudem Tharmal power Station New Palvoncha, Bhad radri-Kbthagudem District--S071 1 S.

9. One CC to SRI S. MADAN MOHAN RAO Advocate tOpUCl 10.Two CCs to GP FOR SERVTCES-Il, High Court forthe State of Tetangana at Hyderabad. [OUT] 1 1. One CC to Ms. A. DEEPTHI, SC FOR TRANSCO IOPUCI I 2. Two CD Copies.

1 3. One spare copy.

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HIGH COURT DATED:31 11212021 )E -ir{E 5TA h e 5 jrit20?u -t t::.

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ORDER

WP.No.37114 of 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.