Thakkalla Sudhakar Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2026)

Thakkalla Sudhakar Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Permission to withdraw the Writ Petition; no order as to costs; pending applications, if any, stand closed.

Issue for consideration

Whether the action of Respondent No.6-School in demanding and insisting upon payment of Tuition Fee and Bus Fee for Academic Year 2025-26 for the period of about 48 days during which Petitioner No.2 was prevented from attending school, and the consequential inaction of Respondent No.4 in not acting on the proceedings issued by Respondent No.3 dated 28.11.2025, is illegal and arbitrary.

Ratio / Principle

Permission accorded to the Petitioners to withdraw the Writ Petition.

Key takeaways

The Writ Petition is dismissed as withdrawn.ratio¶43
No order as to costs.ratio¶44
As a sequel, pending applications, if any, shall stand closed.ratio¶45

Detailed headnote1 paragraphs

Writ Petition No.3031 of 2026 (High Court of Andhra Pradesh at Amaravati, Special Original Jurisdiction; Nyapathy Vijay J.; order dated 10.02.2026). Petitioners, a father and his 7-year-old minor son rep. by the father, filed a petition under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring illegal and arbitrary the action of Respondent No.6-School (AIMEE International School, Prathuru, Tadepalli Mandal, Guntur) in demanding and insisting upon payment of tuition fee and bus fee for Academic Year 2025-26 for about 48 days during which Petitioner No.2 was allegedly prevented from attending school, and the consequential inaction of Respondent No.4 (Deputy Educational Officer FAC, Tenali) in not acting on proceedings Rc.No.5161/C4/2025 dated 28.11.2025 issued by Respondent No.3 (District Educational Officer, Guntur); violation of Articles 14, 21 and 21-A of the Constitution and of the Right of Children to Free and Compulsory Education Act, 2009 was pleaded. Three applications under Section 151 CPC were filed (fee break-up disclosure; restraint on coercive fee recovery; enforcement of the DEO proceedings). At hearing, Sri D. Siddi Srikhar, learned counsel for the Petitioners, sought permission to withdraw the Writ Petition; permission was accorded; the Writ Petition was dismissed as withdrawn; no order as to costs; pending applications, if any, were directed to stand closed. No finding was recorded on the merits of the fee demand or the official inaction.

APHC010049362026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3460]

TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 3031/2026

Between:

THAKKALLA SUDHAKAR, S/O THAKKALLA NAGARAJU, AGED ABOUT 44 YEARS, R/O 11-121, MALAVIDI, YADIKI, ANANTAPUR, ANDHRA PRADESH - 515408.

THAKKALLA DHEVANSH SAI,, S/O THAKKALLA SUDHAKAR, AGED ABOUT 7 YEARS, R/O 11-121, MALAVIDI, YADIKI, ANANTAPUR, ANDHRA PRADESH - 515408, REP. BY HIS FATHER - THAKKALLA SUDHAKAR,

...PETITIONER(S)

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. PIN 522237

DEPARTMENT OF SCHOOL EDUCATION, REP. BY ITS COMMISSIONER, OFFICE AT 4TH FLOOR, B BLOCK, VTPS ROAD, BHIMARAJU GUTTA, IBRAHIMPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 521456

THE DISTRICT EDUCATIONAL OFFICER, GUNTUR DISTRICT, ANDHRA PRADESH. 522304

THE DEPUTY EDUCATIONAL OFFICER FAC, TENALI, GUNTUR

2

DISTRICT, ANDHRA PRADESH. 522201

THE MANDAL EDUCATIONAL OFFICER, TADEPALLI MANDAL, GUNTUR DISTRICT 522501

AIMEE INTERNATIONAL SCHOOL, REP. BY ITS DIRECTOR, PRATHURU, TADEPALLI MANDAL, GUNTUR DISTRICT. 522401

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly a Writ of Mandamus declaring the action of the Respondent No.6 School, in demanding and insisting upon payment of tuition fee and bus fee for the Academic Year 2025-2026 for the period of about 48 days during which the Petitioner No.2, a minor child, was illegally and unlawfully prevented from attending the school, and the consequential inaction of the Respondent No.4 in not taking necessary and effective action in view of the proceedings issued by the Respondent No.3.vide Rc.No.5161/C4/2025 dated 28.11.2025, as illegal, arbitrary, unreasonable, unconstitutional, violative of Articles 14, 21 and 21-A of the Constitution of India, contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and opposed to the settled principles of natural justice and pass such other orders.

IA NO: 1 OF 2026

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 Respondent Nos.3 to 5 to forthwith furnish a complete, transparent and detailed term-wise / month-wise break-up of fee for Pre-primary school to Grade II students strictly in accordance with the norms, rules and regulations prescribed by the Government of Andhra Pradesh, and pass such other orders.

3

IA NO: 2 OF 2026

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 Respondent Nos.3 to 5 to restrain the Respondent School from insisting upon or taking any coercive steps whatsoever for recovery of tuition fee and bus fee relating to the period during which the Petitioner No.2 was not allowed to attend school and pass such other orders.

IA NO: 3 OF 2026

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 Respondent No.4 to forthwith enforce the proceedings issued by the Respondent No.3 vide Rc.No.5161/C4/2025 dated 28.11.2025 and pass such other orders.

Counsel for the Petitioner(S):

Dondappagari Sai Siddi Srikhar

Counsel for the Respondent(S):

1.GP FOR SCHOOL EDUCATION

The Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION No.3031 of 2026

ORDER:

The present Writ Petition is filed to declare the action of Respondent No.6-School in demanding and insisting upon payment of Tuition Fee and Bus Fee for the Academic Year 2025-26 for the period of about 48 days during which Petitioner No.2, a minor child was illegal and unlawfully prevented from attending the school and consequential in action of Respondent No.4 in not taking necessary and effective action in view of proceedings issued by Respondent No.3 dated 28.11.2025, as illegal and arbitrary.

At the time of hearing, Sri D. Siddi Srikhar, learned counsel for the Petitioners seeks permission of the Court to withdraw the Writ Petition.

Permission is accorded.

Accordingly, the Writ Petition is dismissed, as withdrawn.

No order as to costs.

As a sequel, pending applications, if any, shall stand closed.

________________________ JUSTICE NYAPATHY VIJAY

Date: 10.02.2026

IS

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION No.3031 of 2026

Dated: 09.02.2026

IS