WRIT PETITION 4316 of 2018 on 30 December 2017

1. SimhadriRajuEducationalSociety,Rep.byitsSecretaryandCorrespondent, G. Narayana Rao, S/o. late Malikarjuna Rao, aged 49yearsR/o.D.No.26-15-24,Velampeta,TownKothaRoad,VisakhapatnamCorrespondent, G. Narayana Rao, S/o. late Malikarjuna Rao, aged 49yearsR/o.D.No.26-15-24,Velampeta,TownKothaRoad,Visakhapatnam

2. Harvard High School (English Medium), K. Perumallapuram, ThondangiMandal, East Godavari District Rep. by its Correspondent, G. NarayanaRaoMandal, East Godavari District Rep. by its Correspondent, G. NarayanaRao

3. G.NarayanaRao,S/o.lateMallikarjunaRao,aged49years,R/o.D.No.26-15-24, Velampeta, Taw 42.S21-18 Road, Visakhapatnam...PetitionersR/o.D.No.26-15-24, Velampeta, Taw 42.S21-18 Road, Visakhapatnam...Petitioners

AND

1. State of Andhra Pradesh, represented by its Principal Secretary, SchoolEducation Department, Velagapudi, Amaravathi, Guntur DistrictEducation Department, Velagapudi, Amaravathi, Guntur District

2. CommissionerofSchoolEducation,Ibrahimpatnam,Amaravathi,Andhra PradeshAndhra Pradesh

3. The Regional Joint Director of SchoolEducation,,Kakinada,EastGodavari District, A.P.Godavari District, A.P.

4. The District Educational Officer, Kakinada, East Godavari District.

5. The Deputy Educational Officer Pithapuram Division,, Pithapuram EastGodavari DistrictGodavari District

6. The Board of Secondary Education, Andhra Pradesh, Amaravathi,repby its Member Secretaryby its Member Secretary

...Respondents

Petition under Article 226 of the Constitution of India is filed prayingthatin the circumstances statedin the affidavit filed therewith, the HighCourt may be pleased to issue an appropriate Writ, order or direction moreparticularly one in the nature of Writ of Mandamus declaring the action ofthe 3rd respondent in asking to remit Rs. 46,05,502/- towards stamp dutypendingtothe GovernmentasorderedinVigilanceReportNo.52(C.N0.293A/andE/D2/2016)dated;09.06.2017readwithProc.Rc.No.567/PS-l/2017 dated- 30.11.2017of2^^^ respondent andasdirected by the office of 3rd respondentin Rc.No.5214/B4/2017dated-30.12.2017 for granting of recognition from the academic year 2017-2018 tothe Petitioners School vide proceedingsin Rc.No.5214/B4/2017dated-07.02.2018 as illegal, arbitrary, without jurisdiction and in violation of Article14 of the Constitution of India and to issue a consequential direction to therespondents1 to 6 to grant renewal of recognition forthwith as sought bythepetitioners onthestrengthof theregisteredleasedeeddated-30.12.2017 without reference to the demand for remission of stamp duty asindicated in the impugned proceedings dated- 07.02,2018 issued by the 3'^^Respondent.

lA NO:I OF 2018

PetitionunderSection151CPCisfiledprayingthatinthecircumstances stated in the affidavit filed in support of the writ petition, theHigh Court may be pleased to direct the 3^'" Respondent to pass orders onthe Petitioners' application for renewal of recognition from the academicyear 2017-2018 on the basis of compliances submittedon06.01.2018includingtheregisteredleasedeeddated:30.12.2017andrenewedsanitationcertificate without referenceto the demandforremissionofstamp duty as indicated in the impugned proceedings dated;07.02.2018forthwith, pending disposal of the writ petition.

lA No: 2 OF 2018

PetitionUnderSection151CPCisfiledprayingthatinthecircumstances statedin the affidavit filed in the support of writ petition, theHigh Court may be pleased to direct the respondents 2 to 6 to process andpermit the 77students enrolled in class X to appear[in][ the][ final][ examination]to be held in March, 2018 as sponsored by the 2"^^ petitioner school videexamination feechallandated 23.11.2017in termsof thenominalrollssubmitted online by the 2^^ petitioner school, pending disposal of the writpetition

lA NO: 3 OF 2018

PetitionunderSection151CPCisfiledprayingthatinthecircumstances stated in the affidavit filed in support of the writ petition, theHigh Court may be pleased to direct the 6th respondent to publish the resultof the 77 students of class X who appearedin the final[examinations]inMarch,2018sponsoredby2ndpetitioner schoolbysuspendingtheproceedings in Rc.No.18/Exams/D8-1/2018, dated 09.03.2018 to the extentof withheld the2'^'^ petitioner school results, pending disposal of the WritPetition lA NO: 4 OF 2018

Between:

1. TheStateof AndhraPradesh,Rep.byitsPrincipalSecretarytoGovernment, SchoolEducation Department,Secretariat, Velagapudi,Amaravathi, Guntur DistrictGovernment, SchoolEducation Department,Secretariat, Velagapudi,Amaravathi, Guntur District

2. The Commissioner of School Education, Ibrahimpatnam, Vijayawada

3. TheRegionalJointDirectorof SchoolEducationKakinada,EastGodavari District, A.P.Godavari District, A.P.

4. The District Educational Officer, Kakinada, East Godavari[ District.]

5. The Deputy Educational Officer Pithapuram Division,, Pithapuram EastGodavari DistrictGodavari District

6. The Board of Secondary Education, Andhra Pradesh,[Amaravathi,][ rep]by its Member Secretaryby its Member Secretary

.. .Petitioners/Respondents

AND

1. SimhadriRajuEducationalSociety,Rep.byitsSecretaryandCorrespondent, G. Narayana Rao, S/o. late Malikarjuna[Rao,][ aged][ 49]years,R/o.D.No.26-15-24,Velampeta,TownKothaRoad,VisakhapatnamCorrespondent, G. Narayana Rao, S/o. late Malikarjuna[Rao,][ aged][ 49]years,R/o.D.No.26-15-24,Velampeta,TownKothaRoad,Visakhapatnam

2. Harvard High School (English Medium), K. Perumallapuram,[Thondangi]Mandal, East Godavari District Rep. by its Correspondent,[G.][ Narayana]RaoMandal, East Godavari District Rep. by its Correspondent,[G.][ Narayana]Rao

3. G.NarayanaRao,S/o.lateMallikarjunaRao,aged49years,R/o.D.No.26-15-24, Velampeta, Taw 42.S21-18 Road, VisakhapatnamR/o.D.No.26-15-24, Velampeta, Taw 42.S21-18 Road, Visakhapatnam

.. .Resopndents/PetitionersPetitionunderSection151CPCisfiledprayingthatinthecircumstances stated in the affidavit filed in support[of][ the][ writ petition,][ the]High Court may be pleased to vacate the interim orders[passed][ in][ lA.][ No.]02/2018 in W.P. NO. 4316/2018 dated. 09.02.2018

Counsel for the Petitioner: SRI R SUSHANTH REDDY (NOT[PRESENT)]Counsel for the Respondent Nos. 1 to 6: GP FOR SCHOOL[EDUCATION](AP)

The Court made the following: ORDER

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)

WEDNESDAY, THE FOURTEENTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FOUR

PRESENT:

THE HON’BLE SMT. JUSTICE V. SUJATHA

Writ Petition No.4316 of 2018

Between:

1. SIMHADRIRAJU EDUCTIONALSOCIETY,Rep.byitsSecretaryyandCorrespondent, G.Narayana Rao, S/o.late Maflikarjuna Rao, aged 49 years,R/o.D,No.26-15-24,Velampeta,TownKothaRoad,VisakhapatnamvisakhapatnamCorrespondent, G.Narayana Rao, S/o.late Maflikarjuna Rao, aged 49 years,R/o.D,No.26-15-24,Velampeta,TownKothaRoad,Visakhapatnamvisakhapatnam

2. HarvardHighSchool(English- Medium),,K.Perumallapuram,ThondangiMandal, East Godavari.District. Rep. by its Correspondent, G.Narayana RaoMandal, East Godavari.District. Rep. by its Correspondent, G.Narayana Rao

3. G.Narayana Rao,, S/o.late Mallikarjuna Rao, aged 49 years, R/o.D.No.26-15-24, Velampeta, Taw 42.S21-18 Road, Visakhapatnam-124, Velampeta, Taw 42.S21-18 Road, Visakhapatnam-1

AND

...PETITIONER(S)

1. STATE OF ANDHRA PRADESH, guntur

2. Commissioner of School Education, Ibrahimpatnam, Amaravathi,[Andhra]PradeshPradesh

3. The Regional Joint Director of School Education, Kakinada,[East][ Godavari]District, A.P.District, A.P.

The District Educational Officer, Kakinada, East Godavari[District.]

4.

5. The Deputy Educational Officer Pithapuram Division, Pithapuram[ East]Godavari DistrictGodavari District

6. The Board of Secondary Education, Andhra Pradesh, Amaravathi,[rep][ by][ its]Member SecretaryMember Secretary

...RESPONDENTS

Pettion under ArV\c\e 226 of the Constitutionof india praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedtoto issue an appropriate Writ, order or direction more[ particularly] one[ in][ the][ nature]of Writ of Mandamus declaring the action of the 3rd respondent in asking to remitRs. 46,05,502/- towards stamp duty pendingto the Government[as]orderedinVigilence Report No. 52 (C.No.2931V and E1D212016)[dated-][ 09.06.2017]readwithProc.Rc.No.567/PS-l/2017dated-30.11.2017ofgridrespondertandasdirected by the office of 3rd respondent in Rc.No.5214/B412017[dated-][ 30.12.2017]

:r;:/:r;;.rs—i“:pI"Irrenewal of recognition forthwith as sought by the petitionersreqistered lease deed dated- 30.12.2017 without referencetoremissionof stampduty asindicatedin the impugnedproceedingsdated-07.02,2018 issued by the 3’^'* Respondent Counsel for the Petitioner(s):SRI. R SUSHANTH REDDY

Counsel for the Respondents: GP FOR EDUCATION (AP)

The Court made the following:

W.P.No.4316 of 2018

ORDER:

The writ petitionisfiled under Article 226of the Constitution of India seeking the following relief:

“toissueaWrit or Order moreinthenatureof Mandamusdeclaring the actionof the3'''^ respondent in askingtoremitRs.46,05,502/- towards stamp duty pending to the Governmentasordered in Vigilance Report No.52 (C.No.293/V & E/D2/2016)dated 09.06.2017 read with Proc.Rc.No.567/PS-l/2017,dated30.11.2017 of the 2^‘^ respondent and as directed by[the][ office][ of]the 3'"'^ respondent in Rc.No.5214/B4/2017, dated 30.12.2017forgranting of recognition from the academic year 2017-2018[to][ the]petitioners School vide proceedings Rc.No.5214/B4/2017,[dated]07.02.2018asillegal,arbitrary,without jurisdictionandinviolationof Articles14oftheConstitutionofIndiaandconsequently to direct the respondents 1 to 6 to grant[renewal][ of]recognition forthwith on the strength of the registered[lease][ deed]dated 30.12.2017 without reference to the demand for[remission]of stamp duty as indicated in the proceedings dated[07.02.2018]issued by the 3’'‘^ respondent. ”

2. Today, when the matter came up for hearing, thelearned Government Pleader placed on record a copy[of][ the]proceedings in Rc.No.530/(B4)A5/2018, dated 08.02.2024issued by the Regional Joint Director of School Education,Zone-ll, Kakinada, whereinit is stated that the MandalEducational Officer, Thondangi (M), Kakinada District[has]submittedlatestreportinrespectofthepetitioners’learned Government Pleader placed on record a copy[of][ the]proceedings in Rc.No.530/(B4)A5/2018, dated 08.02.2024issued by the Regional Joint Director of School Education,Zone-ll, Kakinada, whereinit is stated that the MandalEducational Officer, Thondangi (M), Kakinada District[has]submittedlatestreportinrespectofthepetitioners’

V.

institutions and stated that the school was already[closed]and as per the records, the recognition of the schoolwasexpired from the Assessment Year 2018-2019 onwards.

3. In view of the fact that the recognition of the schoolwas expired from the Assessment Year 2018-2019 and thatthe petitioner school was already closed, nothingremainsfor further adjudication in the writ petition and the[matter]has become infructuous.was expired from the Assessment Year 2018-2019 and thatthe petitioner school was already closed, nothingremainsfor further adjudication in the writ petition and the[matter]has become infructuous.

5. Accordingly,thewritpetitionisdismissedasinfructuous. There shall be no order as to costs.infructuous. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions,if any, pending shall stand closed.

//TRUE COPY//

Sd/-VSAVi™GOWRIASSISTANT REGISTRARSECTION OFFICER

To,

1. One CC to SRI R SUSHANTH REDDY, Advocate [OPUC]

2. Two CCs to GP FOR EDUCATION (AP), High Court of Andhra[Pradesh][OUT][OUT]

3. Three CD Copies

csb

HIGH COURT

csb

DATED:14/02/2024

ORDER

WP.No.4316 of 2018

of*18 MAR 2025Current Section.^£fSPATCH«S-^

DISMISSING THE WP AS INFRUCTUOUSWITHOUT COSTS