APHC010329132020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21826/2020 Between: 1.ANGLO INDIAN ENGLISH MEDIUM SCHOOL,, DR.NO. 4-28-11, SUBBARAOPET, TADEPALLIGUDEM, W. G.DISTRICT., A.P REP BY ITS DIRECTOR AND PRINCIPAL, SRI KODALI RAMESH S/O AGED YEARS, OCC- , R/O DR.NO. 4-28-11, SUBBARAOPET, TADEPALLIGUDEM, W. G.DISTRICT., A.P. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, HOME DEPARTMENT, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT., A.P., 2.THE DIRECTOR GENERAL, FIRE SERVICE, VIJAYAWADA, A.P. 3.THE DISTRICT FIRE OFFICER, W.G.DISTRICT, ELURU, W.G.DISTRICT, AP. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no.3 in issuing notice ROC No.845/A1/2020 dated 19-10-2020 is illegal arbitrary and without jurisdiction and clourable exersise of power apart from violation of Art.14 of the Constitution of India and set-aside the same and consequently to 2 direct the respondents not to interfere the day to day affairs of the petitioner school, and to pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the notice ROC No.845/A1/2020 dated 19-10-2020 by directing the respondents not to interfere the day to day affairs of the petitioner school, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.PALLA BALU ANIL KUMAR Counsel for the Respondent(S): 1.GP FOR HOME 3 The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no.3 in issuing notice ROC No.845/A1/2020 dated 19- 10-2020 is illegal arbitrary and without jurisdiction and clourable exersise of power apart from violation of Art.14 of the Constitution of India and set-aside the same and consequently to direct the respondents not to interfere the day to day affairs of the petitioner school, and to pass……” 2. Heard Sri Balu Anil Kumar Palla, learned counsel for the petitioner and Sri V. Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that respondent No.3 issued a notice in ROC No.845/A1/2020 dated 19.10.2020 which is illegal and arbitrary and therefore requests the Court to set aside the said notice. He would further submit that the respondents are interfering in the day-to-day affairs of the petitioner’s school. 4. Learned Assistant Government Pleader for Home, basing on the counter-affidavit filed by the respondent No.3, would submit that under Section 13(1) of the A.P. Fire Service Act, all the educational institutions are required to obtain a Fire No Objection Certificate (NOC) from the Fire Service Department. The petitioner’s school obtained a Fire NOC on 06.07.2020 for the existing structure, but later constructed an iron shed on the top of the second floor without obtaining a fresh NOC. Respondent No.3 received a 4 complaint from one Sri Bandi Rama Swamy seeking cancellation of the NOC as the new construction did not have proper permissions. Based on this, respondent No.3 directed the Station Fire Officer to inspect the premises on 24.08.2020. During the inspection, it was found that an iron roof shed had been constructed without any fire safety equipment. Therefore, respondent No.3 issued the letter dated 19.10.2020 to the petitioner, directing removal of the unauthorized shed. The learned Assistant Government Pleader prays for dismissal of the writ petition. 5. Considering the submissions and the material placed before the Court and as rightly put by the learned Assistant Government Pleader, it is clear that while the petitioner had a valid Fire NOC for the original structure, the iron shed constructed on the top floor later without obtaining necessary permissions and without installing any fire safety measures. The respondent No.3 rightly issued the notice dated 19.10.2020 in accordance with law and statutory duties bestowed upon him. 6. Accordingly, this writ petition is disposed of. However, the petitioner is at liberty to recourse their remedy before the appropriate forum according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.09.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 276 WRIT PETITION NO: 21826/2020 Dt.01.09.2025 MH