THE STATE OF ANDHRA PRADESH v. PARAMAHAMSA FOUNDATION TRUST
WA/495/2026 · 2026-09-09
Challa Gunaranjan, Lisa Gill
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10165 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10165 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010190472026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT APPEAL NO: 495 of 2026 Bench Sr.No:-20 [3584] The State of Andhra Pradesh and others ...Appellants Vs. Paramahamsa Foundation Trust ...Respondent ********** Advocate for Appellants: GP for School Education Advocate for Respondent: Mr. Rosedar S.R.A
CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 10thSeptember, 2026.
LISA GILL, CJ.
Prayer in this appeal is for setting aside order dated 09.10.2025, passed by learned Single Bench, whereby Writ Petition No.5265 of 2025, filed by respondent-writ petitioner, was allowed.
2.
Brief facts necessary for adjudication of the case are that respondent- writ petitioner, i.e. Paramahamsa Foundation Trust, through its Chairman, Dr. K. R. Paramahamsa, filed above said writ petition with following prayer:
“to issue a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not considering the Representations of the Petitioner to name the Government High School, Polavaram, Polavaram Mandal, Eluru District after the name of the Petitioner Dr.Kalluri Ramakrishna Paramahamsa Government High School as illegal, arbitrary and unjust and consequently direct the respondents to
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name the Government High School Polavaram, Polavaram Mandal, Eluru District after Dr. Kalluri Ramakrishna Paramahamsa Government High School, Polavaram, Eluru District forthwith in accordance with the G.O.Ms. 162 of the Department of School Education dt. 14/11/2004 and pass”
3. It was pleaded in the writ petition that petitioner (obvious reference appears to be to Chairman of petitioner-Trust), who hails from Purushothamapatnam in Seethanagaram Mandal, belongs to a reputed Zamindar‟s family, owning substantial lands and properties and was engaged in providing free school education to underprivileged children up to undergraduate level and granting 100 scholarships in an Engineering College established by Trust. It is further stated that he is the Founder-Chairman of A.M.C. institutions, Bangalore, overseeing nine educational institutions, including Engineering and Management Colleges in Bangalore. 4. Government of Andhra Pradesh issued G.O.Ms.No.162, School Education (MC-2) Department, dated 14.11.2004, providing that in case any Indian citizen/NRI came forward to donate any asset, i.e. either land/building/money, worth about Rs.5.00 lakhs for a Primary School, Rs.7.50 lakhs for an Upper Primary School and Rs.10.00 lakhs for a High School or above, in favour of Government of Andhra Pradesh for purpose of setting up a school or renovating it or providing necessary infrastructure to school, the asset so created with the amount/building or land so donated shall be named
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after individual donor or in any name proposed by him, provided said name is acceptable to Government. 5. In view of said G.O.Ms.No.162 dated 14.11.2004, petitioner, it is stated, donated a sum of Rs.10.00 lakhs with a condition that it should be used for development of Government High School, Polavaram, Polavaram Mandal, Eluru District, and said school should be named after Dr. Kalluri Ramakrishna Paramahamsa in terms of Government Order dated 14.11.2004.
Demand Draft dated 03.12.2018, submitted by petitioner, was realised by present appellant No.2, i.e. respondent No.2 in writ petition. Vide proceedings dated 20.09.2022, Headmaster, Government High School, Polavaram, was
directed to submit a resolution to School Management Committee/Parents Committee within three days for taking further action on naming of school after petitioner. One of the four parents in the Committee objected to the change of name as „Dr. Kalluri Ramakrishna Paramahamsa Government High School, Polavaram‟, on the premise that donated amount was very less for such a change to be effected. Another meeting of Parents Committee was conducted on 29.11.2023 and attended by 10 Parent Committee members, and all of them were opposed to change of name of school as above, as is recorded in communication dated 19.01.2024.
6. Petitioner submitted a representation dated 20.09.2024, asking authorities to take necessary steps for change of name of school in terms of
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G.O.Ms.No.162, dated 14.11.2004. When no action was taken, Writ Petition No.5265 of 2025 was filed.
7. Present appellants resisted writ petition while submitting that writ petitioner was not vested with any right to have name of the school changed as stated above by virtue of making a donation of Rs.10.00 lakhs in the given
facts and circumstances.
8. Learned Single Bench, on considering the factual matrix, concluded that in view of G.O.Ms.No.162 dated 14.11.2004, official respondents were under an obligation to change name of school as above. Accordingly, writ petition was allowed. Aggrieved therefrom, present writ appeal has been filed.
9.
Learned counsel for appellants vehemently argues that G.O.Ms.No.162 dated 14.11.2004 has been incorrectly interpreted by learned Single Bench, as it is apparent that it could never be the intention of official respondents to change name of a school, which is situated on an area of 6 acres, to name of writ petitioner/its Chairman on account of a mere donation of Rs.10.00 lakhs and that it is an admitted position that approximate value of school site itself is Rs.18 crores. It is thus prayed that impugned order dated 09.10.2025 be set aside and appeal be allowed with writ petition being dismissed throughout.
10. During course of arguments, it was stated by learned counsel for appellants that in terms of G.O.Ms.No.162 dated 14.11.2004, wherein it is
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stated that “part of the asset so created with the amount donated” can be named after an individual donor, a dining hall area can be named after the respondent.
11.
Learned counsel for respondent had sought time to seek instructions. He informs that respondent is not ready for such a course of action and insists that school should be named as „Dr. Kalluri Ramakrishna Paramahamsa Government High School‟. Learned counsel for respondent has supported the impugned order dated 09.10.2025 passed by learned Single Bench and further submitted that such an amount (Rs.10.00 lakhs) has been deposited by writ petitioner only on account of promise held out by official respondents in terms of G.O.Ms.No.162 dated 14.11.2004. Dismissal of present writ appeal is sought. 12. We have heard learned counsel for parties at length and have perused the file with their able assistance. 13. At the outset, it is apposite to reproduce the relevant portion of G.O.Ms.No.162 dated 14.11.2004, wherein it was envisaged as under:
“3. Accordingly, the Government hereby order that any Indian Citizen / NRI who comes forward to donate any asset i.e. either land/building/money worth about Rs.5.00 lakhs for a Primary School, Rs.7.5 lakhs for an Upper Primary School and Rs.10.00 lakhs for a High School or above in favour of Government of Andhra Pradesh for the purpose of setting up a School or renovating a school or providing necessary Infrastructure to the
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school, the asset so created with the amount/building or land so donated shall be named after the individual donor or in any name proposed by him, provided that such name is acceptable to Government. Donations of amounts less than Rs.5.00 lakhs are also welcome and they would be used for either constructing a class room/compound walls or to carryout certain repairs to the existing buildings as mutually agreed to by the donor and Government. (Emphasis added)”
14. We further take note of the fact that approximate value of school site is Rs.18.00 crores and that it is situated on 6 acres of land. This is evident from communication dated 08.04.2025 from District Education Officer, Eluru District, to Regional Joint Director of School Education, Zone II, Kakinada. 15. Bare perusal of G.O.Ms.No.162 dated 14.11.2004 clearly indicates that donor, as is mentioned therein, is entitled to have the asset so created with amount/land/building so donated named after said donor or in any name proposed by him and that too subject to condition that such name is acceptable to Government.
Such donor is not entitled to change of name of the school itself as claimed. Any other interpretation would clearly lead to anomalous results. It is beyond comprehension as to how an asset worth Rs.18 crores can be named after a donor by depositing a sum of Rs.10.00 lakhs. Therefore, in our considered opinion, learned Single Bench has erred in allowing writ petition filed by writ petitioner. Said order dated 09.10.2025 is thus set aside. Page 7 of 7 HCJ & CGRJ WA_495_2026
16. At this juncture, we take note of the fact that learned counsel for appellants had reiterated that dining hall area, which shall be renovated with the amount in question, can be named after writ petitioner/its Chairman. It is further submitted that amount in question has not been utilised by appellants and in case writ petitioner seeks a refund, same is also acceptable. 17. In view of specific stand of appellants as above, we direct that in case writ petitioner files necessary application for acceptance of naming of dining hall in its favour/its Chairman or seeks a refund of amount of Rs.10.00 lakhs within next two weeks, necessary action be taken by appellants accordingly. With said observations, present writ appeal is accordingly allowed. No costs. Pending miscellaneous application(s), if any, also stand(s)
disposed of accordingly.
LISA GILL, CJ.
CHALLA GUNARANJAN, J. SSN Whether the order is Speaking/Reasoned
: Yes Whether the order is Reportable
: Yes