The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.8755 of 2004 Dated 9th July, 2010 Between: Leburu Sudhakar Reddy …Petitioner And The Regional Joint Director of School Education, Guntur, and another. …Respondents Counsel for the petitioner: Mr.P.Sridhar Reddy Counsel for the respondents: AGP for School Education The Court made the following: Order: This Writ Petition is filed for a Mandamus to set aside proceedings, dated 03-01-2004, issued by respondent No.2, after declaring that the said proceedings are violative of proceedings, dated 26-11-2003, issued by respondent No.1. I have heard Sri P.Sridhar Reddy, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Education representing the respondents. The petitioner’s father by name Leburu Ramana Reddy is stated to have purchased 60 ankanams of vacant land comprised in Survey No.441 of Kodurupadu Village and gifted the same for the purpose of Indukurpet Panchayat Samithi Elementary School, Kodurupadu Village, in the year 1959. The grand mother of the petitioner by name Nookalapati Laxmidevamma is stated to have constructed a school building over the said land with her own funds during the lifetime of the donor and the said building was allegedly gifted to the Panchayat Samithi. On the request of the petitioner’s grand mother, the school was named after the petitioner’s grand father, who died by then, as Nookalapati Krishna Reddy Memorial Upper Primary School. It appears, in the year 2000, the school building was demolished and a new building was constructed under Janmabhoomi funds. When the then Sarpanch sought to rename the school after his late mother Rajamma, the petitioner approached the respondents. Through his letter dated 22-09-2003, the District Educational Officer (FAC), Nellore, recommended to respondent No.1 for retaining the name of the petitioner’s grand father after narrating the background leading to the naming the school after the petitioner’s grand father. On consideration of the said letter, respondent No.1 issued proceedings, dated 26-11- 2003, whereunder he has informed respondent No.2 that the existing name of the school i.e., Nukalapati Krishna Reddy Memorial Upper Primary School, Kodurupadu, shall be continued. In compliance with the said direction, respondent No.2 issued proceedings, dated 02-01-2004, informing the Mandal Education Officer, Nellore Rural Mandal, that the dispute about the naming of the school as Sri Nookalapati Krishna Reddy Memorial Upper Primary School is settled by the order passed by respondent No.1 and requested him to follow status quo in that regard. Strangely, a day thereafter, respondent No.2 issued the impugned proceedings cancelling his earlier proceedings. Hence, the petitioner filed the present Writ Petition. No counter-affidavit is filed on behalf of the respondents justifying the impugned action. At the hearing, Sri P.Sridhar Reddy, leaned Counsel for the petitioner, submitted, and in my view rightly, that respondent No.2 being the subordinate Officer of respondent No.1 has no power and authority to cancel his earlier proceedings, which were issued based on the directions issued by the latter. From the material referred to above, it is clear that proceedings, dated 02-01-2004, were issued consequent on proceedings, dated 26-11-2003, issued by respondent No.1. That being so, without further direction from respondent No.1, respondent No.2 had no jurisdiction to cancel his earlier proceedings. Further more, the impugned proceedings do not disclose any reason for respondent No.2 to retract and retrace the steps one day after issuing proceedings, dated 02-01- 2004, without any notice to the petitioner. Therefore, in my view, the impugned proceedings cannot be sustained in law. The Writ Petition is allowed and the impugned proceedings, dated 03-01-2004, issued by respondent No.2, are accordingly set aside. C.V.NAGARJUNA REDDY, J Dated 9th July, 2010 lur