(Special Original Jurisdiction)

HON’BLE SRI JUSTICE NYAPATHY VIJAY

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 toleased to issue Direction, more particularly the inaction of the 2nd who is running the school i of the A.P. Education Rules and accompanying affidavit, it is prayed that an appropriate Writ, Order in the nature of Writ of Mandamus, declaring respondent in taking action against the 5th or one respondent in front of the peHtioners school in contravention Without any valid inspite of the repeated written complaints and recognition/permission, final representation dt. 24-6- 2025, as being illegal, arbitrary, unjust direct the respondent authorities to close present place i.e., in front of the petitioner's relief or reliefs and unconstitutional and consequently the 5th respondent school from the school, and to grant such other fit andas this Honble Court deems proper in the circumstances of the case

IA NO: 1 OF 2025

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 pleased to direct the respondent authorities to forthwith stop the 5th respondent from running the school, pending disposal of the main Writ Petition, in the interest of justice and to pass

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 May be pleased to receive the counter copies on record by allowing the leave petition in the above writ petition No.17208 of 2025 and pass

The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.17208 of 2025

O R DE R:

1. The present writ petition is filed declaring the inaction of Respondent No.2 in taking action against Respondent No.5 for running school without valid permission as illegal and arbitrary.

2. The Petitioner-school was established more than 10 years back with valid recognition from the authorities. The recognition was renewed from time to time and the same holds good as on date. While so, Respondent No.5 commenced construction of a school building in front of the school of the Petitioner without any permission from the authorities. It is stated that the Petitioner had earlier filed W.P.No.33360 of 2022 before this Court and the same was closed after recording the fact that Respondent No.5- School does not have any permission. In spite of the same, the School was continuing without permission. It is further stated that the Petitioner submitted written representation in Spandana grievance and instead of closing the School, explanation was sought from Respondent No.5 and no further action was taken. Hence, the writ petition.

3. In the counter affidavit filed by Respondent No.3, it is stated that Respondent No.5 had submitted proposals dated 25.06.2025 for shifting the school from Dr.No.5-1-187, Sumitra Nagar, Badvel Town, Gopavaram Mandal to D.No.5-1-216-3, Siva Nagar, Gopavaram Mandal. On that basis, a report was called from Mandal Educational Officer, Gopavaram vide Rc.No.0327/B2/2025 dated 03.09.2025. It is stated that during the pendency of the said application, Respondent No.5 started operating in the new premises without obtaining prior approval as required under G.O.Ms.No.1, Education (PS) Department, dated 01.01.1994.

4. In that context, a show cause notice was issued to Respondent No.5 and a reply was submitted on 04.06.2025 stating that the shifting application is pending before higher authorities. As no satisfactory explanation was offered by the Petitioner, vide proceedings dated 16.12.2025, penalty of Rs.25,000/- was imposed on the Petitioner for unauthorized shifting and violation of G.O.Ms.No.1 dated 01.01.1994. It is further stated that the imposition of penalty does not amount to validation of the shifting application of the Petitioner and the post