HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 7576 of 2010 DATED 16TH OCTOBER, 2014.
BETWEEN S.Janardhan ….Petitioner And The Government of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Hyderabad and ors … Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 7576 of 2010
ORDER:
Heard the learned Counsel for the petitioner and learned Government Pleader for respondents 1 to 3.
The petitioner states to be the resident of Rayachoty town, Kadapa District. He sold an extent of 234 square yards situate in Sy.No.773/2A on 27.07.2004. The said lands situated on western side of his residential house. After purchase of the said property, the purchaser constructed a school building without obtatining requisite and valid permission under the law. The said school building is in the midst of residential locality and thereby it is causing great inconvenience and disturbance to the general public, including the petitioner. Therefore, the petitioner submitted a representation on 10.02.2009 to the Regional Joint Director of School Education, Kadapa to take a decision for closure of the school run by the fourth respondent. The second respondent on the other hand issued proceedings dated 03.01.2010 directing the Deputy Educational Officer to visit the school and submit a report. Accordingly the Deputy Educational Officer visited the school on 21.01.2010 and submitted a report stating that the school was not providing necessary infrastructure facilities and requested the second respondent to cancel the recognition of the fourth respondent. Later on, the third respondent issued proceedings dated 24.06.2010 directing the Deputy Educational Officer, Rayachoti to enquire into the matter personally and submit a report and accordingly the Deputy Educational Officer in his Lr.No.45/2010, dated 24.07.2010 submitted a report stating that the allegations made by the petitioner were false. He stated that the school is being run in healthy and hygienic conditions; the school has good sanitary facilities, good library with sufficient books and the Management has provided all safety measures of fire and water pipes for each floor. In view of the same, the third respondent opined that it is not possible to close down the school since the Management has fulfilled all the conditions laid down.
In view of the above facts and circumstances, the present Writ Petition seeking a direction to close down the fourth respondent-school is not maintainable and is accordingly dismissed. It is made clear that this order will not prevent the petitioner from taking necessary steps in accordance with law if he is aggrieved in granting recognition or otherwise to the scholl run by the fourth respondent before appropriate forum.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No costs.
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JUSTICE A. RAMALINGESWARA RAO DATED 16TH OCTOBER, 2014.
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