APHC010107052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA I.A.No.1 of 2026 in/and WRIT PETITION NO: 6340/2022 Between: 1. MIDDE DIWAKAR,, S/O. M. SAMUEL, AGED 55 YEARS, D/NO.26-603 C1-2, VC COLONY, NANDYAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 3. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA. 4. THE REGIONAL JOINT DIRECTOR, GOVERNMENT OF ANDHRA PRADESH, KADAPA DISTRICT. 5. THE DISTRICT EDUCATIONAL OFFICER, KURNOOL DISTRICT. 6. THE SPECIAL OFFICER/MEO/CHAGALAMARRIM, SPG HIGH SCHOOL MANAGEMENT, MUTYALAPAU SPG PRIMARY SCHOOL, CHAGALAMARRI, KURNOOL DISTRICT. 2 7. THE SPECIAL OFFICER, SPG HIGH SCHOOL MANAGEMENT, NANDYAL/DEPUTY DEO, NANDYAL, KURNOOL DISTRICT. 8. THE SPECIAL OFFICER, SPG HIGH SCHOOL MANAGEMENT, NANDIKOTUKURU/DEPUTY DEO, NANDIKOTUKURU, KURNOOL DISTRICT. ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus, writ of Mandamus, declaring the impugned action of respondents 5 and 6, in showing the petitioner as surrendered for absorption into Government school vide impugned proceedings in Rc.No.4787/A5/2021-2, dated 28.12.2021, though the petitioner is not willing for such absorption and further action in not considering the case of petitioner, for being adjusted in the existing aided vacancies, under the same management schools, in other parts of the District under the control of respondents 7 and 8, as highly illegal, arbitrary and violative of Article 14 and 16 of Constitution of India and pass IA NO: 1 OF 2022 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 direct the respondents, to consider the case of petitioner for adjustment in existing aided vacancies under the same SPG management, under the control of respondents 7 and 8, by considering representation dated 24.12.2021, made to the 5th respondent, pending disposal of the above writ petition and pass IA NO: 2 OF 2022 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 grant interim stay of all further proceedings in pursuance of impugned proceedings in Rc.No.4787/A5/2021-2, dated 28.12.2021, under which petitioner service is surrendered and sought to be absorbed into Government school, without any willingness submitted by the petitioner as per G.O.Ms.No.50, School Education Department dated 17.08.2021, pending disposal disposal of the above writ petition and pass IA NO: 1 OF 2023 3 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 condone the delay of 1 year 4 months 8 days in representing the above Writ petition filed and pass IA NO: 1 OF 2026 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 may be pleased to permit the Petitioner herein in the W.P.No.6340 of 2022, to withdraw from the present Writ Petition, in the interest of Justice and pass Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SCHOOL EDUCATION The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA I.A.No.1 of 2026 in/and WRIT PETITION NO: 6340/2022 COMMON ORDER: 1. I.A.No.1 of 2026 is filed by the petitioner seeking to grant permission to withdraw the present Writ Petition. 2. Permission as sought for is accorded. 3. Accordingly, I.A.No.1 of 2026 is allowed. Consequently, the Writ Petition is dismissed as withdrawn. No costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 17.02.2026 TTPPSS 5 199 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA I.A.No.1 of 2026 in/and WRIT PETITION NO: 6340/2022 17.02.2026 TTPPSS