The Government Of Andhra Pradesh vs. J. Kishore Reddy

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No. 4903/2023

(Arising out of impugned final judgment and order dated 24-08-2022 in WP No. 7459/2011 passed by the High Court of Andhra Pradesh at Amravati)

THE GOVERNMENT OF ANDHRA PRADESH & ORS. Petitioners

VERSUS

J. KISHORE REDDY Respondent

(FOR ADMISSION and I.R. and IA No.32641/2023-CONDONATION OF DELAY IN FILING and IA No.32644/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 21-02-2023 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE C.T. RAVIKUMAR
• For Petitioner(s) Mr. Mahfooz Ahsan Nazki, AOR Mr. Santhosh Krishnan, AOR Ms. Deepahikha Sansanwal, Adv.
• For Respondent(s) Mr. M. A. Chinnasamy, AOR Mr. Ch. Leela Sarveswar, Adv. Mr. Saurabh Gupta, Adv. Mr. C Raghavendren, Adv. Mr. B. Paramesh, Adv. Mr. R. Ravi, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

Heard Mr. Santhosh Krishnan, learned counsel appearing for the petitioners.

The counsel submits that the respondent was a 4 years old child when land was acquired for the Teluga Ganga Project in the year 1985 and under the rehabilitation scheme for displaced persons Digitally signed by NITIN TALREJA Date: 2023.02.21 17:35:49 IST Reason: Signature Not Verified

as per G.O.Ms. No. 98 dated 15.04.1986, under Clause iii of Para 4, applications for appointment from the eligible candidate are required to be made to the District Collector within one year from the date of actual displacement of the family. Clause iii reads as under:

"iii) Applications for appointment from the eligible candidate shall be made to the District Collector concerned within a period of one year from the date of actual displacement of the family a reference shall be given with reference the date of displacement and to those applicants whose house and lands are acquired against those whose land or house only is acquired. The District Collectors shall draw up a list of such applications and forward the same to the project authorities for appointment."

In this case, the respondent had applied only on 08.03.2010 after about 25 years of the displacement and, therefore, the direction for his appointment as a land oustee under the Teluga Ganga Project ordered by the tribunal and endorsed by the High Court, is not sustainable.

Learned counsel Mr. M.A. Chinnasamy has filed caveat and accepts notice on behalf of the sole respondent. He points out that the respondent had also applied under Sports quota under G.O.Ms. No. 247 dated 29.12.2007.

Issue notice, returnable in four weeks.

In the meantime, the stay order operating in the High Court will continue to operate, during the pendency of the present proceedings.

(NITIN TALREJA) (KAMLESH RAWAT) COURT MASTER (SH) COURT MASTER (NSH)

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