IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 681 of 2004 Between: Machani Somappa English Medium High School, Rep by its Correspondent, M. Somappa, Yemmiganur, Kurnool District. ..... PETITIONER AND 1 Govt. of A.P. rep by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad. 2 The Director of Municipal Administration, Govt. of A.P. Hyderabad. 3 The Commissioner and Director of School Education, Govt. of A.P. Hyderabad. 4 The District Educational Officer, Kurnool. 5 The Yemmiganur Municipality, Rep by its Commissioner, Yemmiganur, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more one in the nature of Writ of Mandamus, declaring the proceedings of the 1st respondent issued in G.O.Ms. No. 579 Municipal Administration and Urban Development (G3) Department dated 27-12-2003 so far as deciding to take over the private aided Elementary Schools and Private aided Upper Primary Schools to the management of 5th respondent Municipality as illegal, arbitrary without notice violative of principles of natural justice and beyond the requisition of the resolution of the 5th respondent Municipal Council consequently direct the respondents to delete the private aided schools which are mentioned in the impugned G.O. seeking to transfer their management of the 5th respondent municipality is concerned. Counsel for the Petitioner: MR.M.SUBBA REDDY Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER : The petitioner, which is a private aided school, has filed this Writ Petition challenging the orders of the Government issued in G.O.Ms.No.579, Municipal Administration and Urban Development (G3) Department, dated 27-12-2003. By the aforesaid orders, the Government ordered for transfer of the management of some of the schools, which are being run by Mandal and Zilla Parishad institutions, to the Yemmiganur Municipal Council. So far as petitioner’s school is concerned, its name is not figured in the order. It is submitted by the learned counsel for the petitioner that based on the orders, Government Officers are visiting the School. So far, no order for transfer of the management of the petitioner’s school is passed. It appears, the Writ Petition has been filed on mere apprehension. It is needless to observe that unless there is specific order taking over the management of the petitioner’s school, the management of the petitioner’s school cannot be deprived of its management. Subject to above observations, the Writ Petition is dismissed. No order as to costs. _____________________ R.SUBHASH REDDY, J. 20th July, 2009. skmr