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1989 Supreme(AP) 475

K.JAYACHANDRA REDDY, PANDURANGA RAO
Peravali Panchayat Samithi, peravalli W G Dist. (Now reconstituted as Tanuku mandal Praja Parishad represented by its President Sri viswanatham Musalaiah. – Appellant
Versus
Government Of A. P. rep. by its secretary Education Department secretariat, Hyderabad. – Respondent


JAYACHANDRA REDDY, J.

( 1 ) THE common question that arises for consideration in the abov; writ appeal as well as the writ petition is whether the Government has power to transfer educational institutions like the elementary schools which were hitherto under the administrative control of the Panchayat samithis, to the newly constituted Municipal councils in respect of local areas. The question as such has arisen under the following circumstances.

( 2 ) TANUKU which was h itherto a panchayat and a part of Peravalli Panchayat samithi was constituted into a Municipality after following the due procedure in the year 1979. 14 primary schools were existing in Tanuku and these schools were being administered managed and run by the Panchayat Samithi. After Tanuku was constituted intoa Municipality, the Government by G O Rt. No. 1354 Education (I) dated 28-10-1983 transferred all those elementary schools which were under the panchayat Samithi to the control of the newly constituted Tanuku Municipality together with all their assets. Questioning the above G O the Peravalli Panchayat samithi represented by its President filed writ Petition No. 10263/1983 and a learned single Judge dismissed t













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