IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5025 of 2008 Between: Mamilla Naga Bhushanam S/o Kannaiah R/o H. No. 1-3-2, Old Palvancha, Khamma District. ..... PETITIONER AND 1 The Chief Engineer (O&M), Kothagudem Thermal Power Station, Palvancha, Khammam District. 2 The Andhra Pradesh Power Generation Corporation, rep by its General Manager (HRS), Vidyuth soudha, Somajiguda, Hyderabad. 3 The Chairman and Managing Director, A.P. Power Generation Corporation, Vidyuth Southa, Somajiguda, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, or order or direction more particularly one in the nature of writ of Mandamus directing the respondents to provide employment by appointing the petitioner in the establishment of the 1st respondent in any suitable post under the land displaced persons quota and consequently direct the respondents to consider the case of the petitioner for providing employment in the establishment of the 1st respondent in any suitable post under the land displaced persons quota and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.C.NARENDER Counsel for the Respondents: MR.K.CHIDAMBARAM (SC FOR AP GENCO) The Court made the following ORDER: The petitioner claims that an extent of Ac.1.02 guntas of land in survey No.84/2 of Palvancha belonging to his father was acquired for the purpose of Kothagudem Thermal Power Station in the year 1988 and a land looser certificate to that effect was given by the Revenue Divisional Officer. He contends that though the Government has framed a scheme for providing employment to the land loosers or their dependants, such a benefit was not extended to his family. His grievance is that the respondents did not take any action on the representation, dated 15.12.2007, submitted by him. The respondents filed a counter-affidavit, stating inter alia that on an earlier occasion, the elder brother of the petitioner submitted an application and the same was rejected on 21.09.1993, on the ground that the application was not made within the stipulated period. It is stated that the representation made by the petitioner was also rejected vide order, dated 03.04.2008. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. In addition to provide compensation to the owners of the land that was acquired for the benefit of the respondents, the Government of Andhra Pradesh framed a scheme under which the land looser or their dependant would be provided employment in Thermal Power Station. One of the conditions is that the application for this purpose would be made within one year from the date of displacement of the family. The representation of the petitioner is silent as to the date on which the application was made or as to whether any claim made by his family members was dealt with. The counter-affidavit, however, discloses that the elder brother of the petitioner filed an application for this very relief in the year 1993 and it was rejected vide proceedings, dated 21.09.1993. The reason mentioned was that the application was not made within the stipulated time. Either, on account of not being aware of this or not mentioning it, the petitioner made his representation in the year 2007, which is nearly 20 years after the displacement. The reason on which the application of the elder brother of the petitioner was rejected, would hold good for the petitioner also. Therefore, this Court is not inclined to grant any relief to the petitioner. The writ petition is accordingly dismissed. If the petitioner is so advised, it shall be open to him to challenge the order of rejection, dated 03.04.2008. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:21.07.2008 kdl