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2026 DIGILAW 219 (TS)

Md. Nafees Fathima v. Telangana Power Generation Corporation Ltd. , Rep. by its Managing Director

2026-02-02

NAGESH BHEEMAPAKA

body2026
ORDER : Nagesh Bheemapaka, J. Petitioners in all these Writ Petitions state that their lands in Suraram Village, Palvoncha Mandal, Khammam District were acquired for the purpose of construction of Northern Ash Pond-II for Kothagudem Thermal Power Station (O&M) at Palvoncha. The 6 th respondent – Sub-Collector passed Award No. 1 of 2009 dated 23.06.2009 and accordingly, issued land loser certificates to petitioners. According to petitioners, respondents are under obligation to provide employment to the displaced persons or their dependants as per G.O.Ms.No. 98, dated 15.04.1986 and G.O.Ms.No. 247, dated 29.12.2008, but so far, no steps have been taken in that regard. It is complained that the said benefit was extended to some of the similarly- situated persons, but they were denied the same. Hence, petitioners are before this Court seeking a direction to respondents to appoint them / their dependants in suitable post in Kothagudem Thermal Power Station, Palvoncha, Khammam District under the land losers’ quota. 2. The Chief Engineer/O&M filed counter on behalf of Respondents 1 to 4 stating that the State Government issued G.O.Ms.No.98, Irrigation (Projects Wing) Department, dated 15.04.1986 providing for rehabilitation and employment to the displaced persons or their dependants, as per which, not more than 50% of the vacancies shall be filled up by the displaced families or their dependants duly following the reservations for various categories. The Applications for appointment from eligible candidates are to be made to the District Collector concerned within one year from the date of actual displacement; the District Collector shall draw up a list of such Applications and forward the same to the project authorities for appointment. All the appointments made under the scheme shall be temporary to start with and subsequently, these employees would be regularized in the categories of posts whose pay is equal or less than that of Junior Assistants and they are also eligible for regular appointments. Subsequently, State Government issued G.O.Ms.No.266, Irrigation & CAD Department, dated 19-09-1994 for constitution of a Committee under the Chairmanship of District Collector, Joint Collector of the District as Member and Chief Engineer of the Project concerned as Member Convener. Subsequently, State Government issued G.O.Ms.No.266, Irrigation & CAD Department, dated 19-09-1994 for constitution of a Committee under the Chairmanship of District Collector, Joint Collector of the District as Member and Chief Engineer of the Project concerned as Member Convener. The State Government also issued G.O.Ms.No.247, Irrigation & CAD, dated 29-12-2008 making amendments to the GOs issued from time to time to the effect that the qualifying age of the displaced persons for employment shall be with reference to the date of the Award or date of taking possession or during the interregnum period. 2.1. It is stated, petitioners earlier filed Writ Petitions No. 32832, 32799, 32719 and 32784 of 2017 with the grievance that respondents are not providing them employment against 50% of the vacancies in terms of G.O.Ms.No.98 dated 15-04-1986 while choosing to absorb the services of about 24,000 outsourced personnel. The above Writ Petitions were dismissed as withdrawn on 21-07-2022 with liberty to petitioners to file fresh Writ Petition challenging the rejection order passed by the Collector & District Magistrate, dated 10-02-2022, in accordance with law. However they have not challenged the rejection order dated. 10-02-2022. 2.2. It is stated, on the requisition of the then Superintending Engineer (Civil), O&M, KTPS, dated 30-09-2004, land acquisition proceedings were initiated by the Sub-Collector, Land Acquisition Officer, Paloncha who, by Proceedings dated 23-06-2009 passed Award No. 01/2009 for acquisition of Ac. 185-38 Gts. in Suraram Village of Paloncha Mandal, Khammam District on payment of compensation of Rs.2,90,21,485-00 under Section 11 (1) & 11 (2) of the Land Acquisition Act, 1894. It is submitted that compensation was paid to the displaced persons as per the Award enquiry conducted by the Land Acquisition Officer. Out of 24 beneficiaries of the land acquisition proceedings, 12 are gainfully employed in TSGENCO; the names of Petitioners do not reflect in the Award proceedings or in the "Panchanama" conducted for taking possession of the lands acquired pursuant to the Award No.01/2009, dated 23-06-2009. Therefore, they cannot claim that they are the land losers whose lands have been acquired for the purpose of the construction of Northern Ash Pond-II of KTPS, O&M, at Paloncha. 2.3. The Director (Civil), TSGENCO, addressed letter dated 05-02-2022 to the Collector & District Magistrate, Bhadradri-Kothagudem District and the Collector & District Magistrate, Khammam District to verify the genuineness of the land loser certificates filed as material papers in the Writ Petition. 2.3. The Director (Civil), TSGENCO, addressed letter dated 05-02-2022 to the Collector & District Magistrate, Bhadradri-Kothagudem District and the Collector & District Magistrate, Khammam District to verify the genuineness of the land loser certificates filed as material papers in the Writ Petition. The Collector & District Magistrate, Badradri- Kothagudem vide Letter dated 10-02-2022 communicated that there are 24 enjoyers/Awardees in the land acquisition proceedings in Award No.01/2009, dated 23-06-2009 and Petitioners are not figuring in the said land acquisition proceedings. It was also further communicated that no land loser certificates have been issued to them in pursuance of the Award No.01/2009, dated.23-06-2009. 2.4. It is stated, prior to the land acquisition proceedings in Award No. 1/2009, the then District Collector of the composite District of Khammam issued Circular instructions vide Rc.No.G/1683/2008, dated 19-05-2008 to the officials concerned not to issue land loser certificate to the awardees. It was clarified that the Award proceedings or resumption of land proceedings shall be the sole basis for determination of the list of land losers and there is no need to issue any separate land loser certificate. Since Petitioners are claiming that they are the land losers pursuant to the Award dated 23-06-2009, the question of issuance of land loser certificate does not arise in view of the Circular instructions dated 19-05-2008. Thus, the certificates as filed by the petitioners cannot be relied on for any purpose. 2.5. It is submitted that the contents of the land loser certificates filed by the Writ Petitioners do not show true and correct facts of the case. It is their claim that their lands to an extent of Ac.0-20 Gts. were acquired. A perusal of the land acquisition Award dated.23-06-2009 would show that there is no such fragmentation of the lands at the time of acquisition proceedings. This also throws a suspicion on the certificates filed as material papers in the Writ Petition. Thus, the claim of Petitioners that they are the land losers and their lands have been acquired is denied. 2.6. According to these respondents, Petitioners, if they are genuine land losers and recommended/certified by the District Selection Committee, they would be eligible to be considered in terms of G.O.Ms.No.98, dated 15-04-1986 whenever the recruitment notification is issued by TSGENCO and if the land losers apply for the post, their cases would be considered strictly in terms of the scheme formulated there- under. It is stated that there are no merits in the Writ Petition and the same is liable to be dismissed. 3. The sum and substance of the counter and additional counter filed by the District Collector is that all the land losers whose lands have been acquired for the purpose mentioned supra have been provided employment; since petitioners are not land losers, they were not considered for employment. As could be verified from the Award Proceedings passed by the then Sub Collector/Land Acquisition Officer, Palvancha, their names could not find place in the Award proceedings. Therefore, it can be said that their lands were not acquired by the Government for the said purpose. It is stated that Petitioners are claiming that they are land losers solely on the Land Loser Certificates issued by the then Sub Collector, Paloncha said to be issued on 12.01.2011 and other dates. Since the office of Sub-Collector, Paloncha merged into Kothagudem Revenue Division, Kothagudem, the relevant file in which the Land Loser Certificates issued to the petitioners is not traced. It is stated further that since huge number of Land loser certificates ar e in circulation in respect of lands acquired for Heavy Water, KTPS Palvancha and SCCO Ltd., ITC Bhadrachalam etc., taking advantage of land loser certificates, most of the individuals are filing writ petitions seeking directions to the official respondents to consider for the employment. Therefore, in order to curb the practice, the then District Collector, Khammam issued circular instructions to all the Land Acquisition Officers dated 19.05.2008 informing that as per the Land Acquisition Act as and when the lands are required, a notification was published under Sections 4 (1) and 6 of the L.A. Act and pass the Award Us 11 of the LA. Act by taking into all the interests of a person getting the absolute title, free from all encroachments. Further, Award passed by the Land Acquisition Officer should be the sole basis for determination of list of land losers for a project. Similarly in case of resumption of assigned Government land, resumption orders issued by the Land Acquisition Officer shall be the sole basis for determination of land losers list. There is no need to issue land loser certificates to the awardees. Therefore, all the Land Acquisition Officers were directed not to issue Land Loser Certificates hereafter. 3.1. Similarly in case of resumption of assigned Government land, resumption orders issued by the Land Acquisition Officer shall be the sole basis for determination of land losers list. There is no need to issue land loser certificates to the awardees. Therefore, all the Land Acquisition Officers were directed not to issue Land Loser Certificates hereafter. 3.1. It is stated further that if land of petitioners is acquired by the Government, they ought to have paid compensation. On examination from the pahani of Suraram Village, there were certain tampering and alteration of names of petitioners mentioning the extent for which they obtained Land Loser Certificates. Presuming for a while, if the land is acquired by the Government from petitioners, certainly extents of lands vary from each other, but in the instant case, it is shown that most of the land losers lost their lands to an extent of Ac.0.20 gts. each, from which it can be said that they obtained fabricated and fictitious land loser certificates from the then authorities. It is stated a detailed enquiry would be conducted and action would be taken against all the persons who are involved in fabricating documents. Thus, stating, the District Collector seeks to dismiss the Writ Petition. 4. Heard learned counsel for petitioners, learned Standing counsel for Respondents 1 to 4 and learned Government Pleader for Land Acquisition. 5. From a perusal of the material on record, it is to be seen the claim of petitioners rests on Award No. 1 of 2009 passed by the Sub-Collector, Paloncha, dated 23.06.2009, but the said Award does not reflect their names. Hence, at the threshold, it is to be presumed that their lands were not acquired by the Government for the purpose stated supra. Petitioners’ specific case is that they were issued land loser certificates by the then Sub-Collector, Paloncha on 12.01.2011 and other dates. At this juncture, it is to be observed, the then District Collector of the composite District of Khammam issued Circular instructions dated 19-05-2008 to the officials concerned not to issue land loser certificate to the awardees. It was also clarified that Award proceedings or resumption of land proceedings shall be the sole basis for determination of the list of land losers and there is no need to issue any separate land loser certificate. It was also clarified that Award proceedings or resumption of land proceedings shall be the sole basis for determination of the list of land losers and there is no need to issue any separate land loser certificate. Since petitioners are claiming to be the land losers pursuant to the Award dated 23-06-2009, which was passed after issuing the Circular instructions, the question of issuance of land loser certificates does not arise. 6. It is also pertinent to observe that the Director (Civil), TSGENCO, addressed letter dated 05-02-2022 to the Collector & District Magistrate, Bhadradri-Kothagudem District and the Collector & District Magistrate, Khammam District to verify the genuineness of the land loser certificates filed as material papers in the Writ Petition. The Collector & District Magistrate, Bhadradri-Kothagudem vide Letter dated 10-02-2022 communicated that there are 24 enjoyers/Awardees in the land acquisition proceedings in Award dated 23-06-2009 and Petitioners are not figuring in the said proceedings. It was also further communicated that no land loser certificates have been issued to them in pursuance of the said Award. 7. The District Collector categorically stated in his counter that on examination from the pahani of Suraram Village, there were certain tampering and alteration of names of petitioners mentioning the extent for which they obtained Land Loser Certificates. Presuming for a while, if the land is acquired by the Government from petitioners, certainly extents of lands vary from each other, but in the instant case, it is shown that most of the land losers lost their lands to an extent of Ac.0.20 gts. each, from which it can be said that they obtained fabricated and fictitious land loser certificates from the then authorities. 8. In the light of the above discussion, this Court is of the opinion that petitioners are not entitled to the relief sought and the Writ Petitions are liable to be dismissed. 9. The Writ Petitions are accordingly, dismissed. No costs. 10. Consequently, the miscellaneous Applications, if any shall stand closed.