IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 7322 of 2008 Between: Kalva Sudhakar S/o.Narasimha Murthy R/o. C/o. Quarter No.G-3, A-Colony, K.T.P.S. Paloncha, Khammam District. ..... PETITIONER AND 1 The State of A.P. rep. by its District Collector, Khammam District, Khammam. 2 The Revenue Divisional Officer, Paloncha, Khammam District. 3 The Chief Engineer (O&M) Kothagudem Thermal Power Station, Old Plant, Paloncha, Khammam District. .....RESPONDENT(S) 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not issuing the "Land Looser Certificate" tothe petitioner, in respect of the land admeasuring Ac. 9.08 guntas in Sy.No. 727 and Ac. 1.07 guntas of land in Sy.No. 727/57 situated in Pal oncha village and Mandal, Khammam District on par with t he other land losers, for appointing him under Land oustee quota as arbitrary, illegal and violative of Articles 14, 16 21 and 300A of the Constitution of India and consequently direct t he 2nd respondent to issue the 'Land Looser Certificate' for appointing him under Land Ouster quota in the 3rd respondent company, and pass such other order or orders. Counsel for the Petitioner:MR.CHANDRAIAH SUNKARA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 7322 of 2008 28-04-2009 Oral Order: Notice before admission returnable in two weeks was ordered on 03-04-2008. Thereafter the matter was adjourned on a couple of occasions and on 16-12-2008, the learned Assistant Government Pleader for Revenue stated to this Court that counter would be filed within ten (10) days. When the matter is listed again on 22-04-2009, since no counter was filed, this Court finally granted time up to 28-04-2009 for counter affidavit of the 2nd respondent who is alleged to have denied issue of a ‘land looser certificate’ to the petitioner and for issue of which the petitioner had submitted a representation on 08-08-2007. This Court also made it clear in the order dated 22-04-2009, that in case the 2nd respondent failed to file counter affidavit by 28-04-2009, the writ petition will be disposed of on the basis that the 2nd respondent did not wish to contest the writ petition. When the matter is taken up in the forenoon today, the learned Government Pleader sought time till afternoon for obtaining instructions from the 2nd respondent. Now the matter is taken up in the afternoon. The learned Government Pleader states that the application of the petitioner for issuance of the ‘land looser certificate’ is pending with the 2nd respondent and the 2nd respondent would expeditiously dispose of the same. No explanation is forthcoming as to why the 2nd respondent delayed decision on the petitioner’s request for issuance of the ‘land looser certificate’ since 08-08-2007. The petitioner inherited the land in an extent of Ac.09- 08 guntas in survey No 727; and Ac.01-07 cents in survey No. 727/57 of Paloncha village and Mandal, Khammam District. The land was taken over by the 3rd respondent for construction of the Kothagudem Thermal Power Scheme in 1963, but without any compensation paid on the ground that it is assigned land. The petitioner states that the State Government in G.O.Ms.No. 98 Irrigation (Projects Wing) Department dated 15-04-1986 issued guidelines for providing employment to oustees of land or to their dependents. The petitioner made a representation to the AP Genco Limited for providing employment under the land loosers’ quota. The petitioner receiving no favourable response from the respondents, filed W.P.No. 22579 of 2005 questioning the letter of rejection dated 06-07-2004 issued by the AP Genco. That writ petition was disposed of by this Court on 24-04-2007 on the basis of the judgment rendered by the Supreme Court in Special Leave to Appeal (Civil) No. 14038 of 2004 dated 06-11-2006, directing the respondents to consider the petitioner’s case as per the guidelines issued in the judgment of the Supreme Court referred to above. The petitioner made a representation on 18-06-2007 to the 3rd respondent seeking employment in terms of the judgment in W.P.No. 22579 of 2005. The 3rd respondent by a letter dated 26-07-2007 requested the 1st respondent to inform about the eligibility of the petitioner for appointment under the land loosers’ quota while marking a copy of this communication to the petitioner. The petitioner thereupon submitted a representation dated 08-08-2007 to the respondent Nos. 1 and 2, marking a copy to the 3rd respondent and also requested the 3rd respondent to issue a ‘land looser certificate’. In the circumstances, the writ petition is filed. As already stated despite notice before admission having been ordered on 03-04-2008 in the presence of the learned Government Pleader for Revenue, no counter affidavit has been filed till date even though final opportunity was given on 22-04-2009 for filing of counter affidavit. Even today, except seeking further time for passing an order on the petitioner’s representation dated 08-08-2007 for issuance of a ‘land looser certificate’ there is no explanation forthcoming as to why no decision could be taken by the 2nd respondent despite a period of one and half years from the date of such representation having been made by the petitioner. In the aforesaid circumstances and in the context of the conscious disinclination by the respondents in particular the 2nd respondent to respond to the notice before admission issued by this Court, this Court is constrained to dispose of the writ petition. The writ petition is in the circumstances stated above, admitted and allowed directing the 2nd respondent to pass an order on the petitioner’s representation dated 08-08-2007 for issuance of the ‘land looser certificate’ within a period of seven (7) days from the date of receipt of a copy of this order and communicate the same to the petitioner by registered post acknowledgement due. Since there is no satisfactory response even to the notice before admission ordered by this Court on 03-04-2008 nor to the final opportunity afforded by the order of this Court dated 22-04-2009 to file the counter affidavit, this Court considers it appropriate to award costs payable by the 2nd respondent to the petitioner in an amount of Rs.2,500-00(Rupees two thousand five hundred only), within a period of four weeks from the date of receipt of a copy of this order. The writ petition is allowed as above with costs. ____________________ GODA RAGHURAM, J Dated: 28-04-2009 Pvks