The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.22301 of 2008 Dated 6th July, 2010 Between: Smt.N.Pushpalatha …Petitioner And The Regional Joint Director of School Education, Hyderabad and 2 others. …Respondents Counsel for the petitioner: Mr.Ch.Janardhan Reddy Counsel for the respondents: AGP for School Education The Court made the following: Order: At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties. This Writ Petition is filed for a Mandamus to declare the action of respondent No.3, in seizing the New Priyadarshini High School (for short ‘the school’), Yellammagutta, Nizamabad, as illegal and arbitrary. The petitioner is the principal and also stated to be the correspondent of the school. On 09-09-2008, at about 4.30 a.m., one of the boarders of the hostel, run by the petitioner, was found dead. A Criminal Case was registered against the school management on the same day and immediately thereafter, respondent No.3 has seized the school. A showcause notice was issued by respondent No.1- Regional Joint Director of School Education, Hyderabad, on the same day. The immediate cause of action for the petitioner to file the present Writ Petition was the action of respondent No.3 in seizing the school. In the counter-affidavit filed by respondent No.3, the incident, which lead to seizure of school, has been narrated. However, the counter is silent on the power of respondent No.3 to seize the school. Under Section 33D of the A.P.Education Act, 1982 (for short ‘the Act’), the competent authority is entitled to cancel the registration of the school after giving notice of not less than 30 days to the Manager of the school. It is conceded by the learned Assistant Government Pleader for School Education that there is no specific provision either under the Act or under the Rules made thereunder, empowering respondent No.3 to seize the school pending completion of the proceedings initiated for cancellation of registration of the school. Therefore, I have no hesitation to hold that the action of respondent No.3 in seizing the school is without jurisdiction. The Writ Petition is accordingly allowed to the above extent. This order, however, does not preclude the competent authority from proceeding further in pursuance of the showcause notice in accordance with law. C.V.NAGARJUNA REDDY, J Dated 6th July, 2010 lur