Writ petition challenging the shift of a primary school was dismissed because the school had already been shifted and was running at the new location. No cause for adjudication remained.
The writ petition was dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH
AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 6986 of 1999
Between:
The Guttapadu Village Education Committee, Guttapadu (v) H/o Kuppenakuntla, Penuballi (M), Khammam District, represented By its Chairman P.Viswanadham S/o Ananthaiah, aged 57, R/o Guttapadu.
..... PETITIONER
AND
1. The District Collector/Chairman, D.P.E.P. Khammam.
2. The Additional Project Co-ordinator, DPEP, Khammam.
3. The Mandal Education Officer, MPP, Penuballi, Khammam District.
.....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 writ or direction preferably writ of Mandamus declaring the order of the 2nd respondent issued in his proceedings Rc.No.B/DPEP/CW/98-99 dt. 23-3-99 as illegal, arbitrary, and violative of principles of natural justice and also contrary to the earlier proceedings of the authorities and consequently direct the respondents not to shift the school from Guttapadu village to any other place.
Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR ,Advocate
Counsel for the Respondent Nos. 1 to 3.: The Govt., Pleader for School Education
The Court made the following :
ORDER:
Shifting of primary school at Guttapdu proposed earlier to Harijana Colony, Guttapdu of Penuballi Mandal is the subject matter of challenge in the present writ petition.
Since the school in question has already been shifted to Harijana Colony, Guttapadu and it is running there, no cause survives for adjudication in the present writ petition.
The writ petition is accordingly dismissed. No costs.
ASST. REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1. The District Collector/Chairman, D.P.E.P. Khammam.
2. The Additional Project Co-ordinator, DPEP, Khammam.
3. The Mandal Education Officer, MPP, Penuballi, Khammam District.
4. 2CCs to the Govt., Pleader for School Education, High Court A.P., Hyderabad (OUT). 5 .2CD copies
1 issue framed by the court
Whether the High Court should adjudicate on the legality of an order shifting a school after the shift has already been effected.
1 provisions across 1 enactments
The Guttapadu Village Education Committee, Guttapadu
The District Collector/Chairman, D.P.E.P. Khammam
The Additional Project Co-ordinator, DPEP, Khammam
The Mandal Education Officer, MPP, Penuballi, Khammam District
A.GOPAL REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
