M. Prabhavathi, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4374 AP

          HON'BLE SRI JUSTICE U.DURGA PRASAD RAO

                WRIT PETITION No.1760 OF 2016

ORDER:

The grievance of the petitioner in this writ petition is that the

action of the respondents in trying to terminate the contract works of

the petitioner in running the mid-day meals in the MPUP School,

Poliki Village, Vidapanakal Mandal, Anatapuramu District without

there being any plausible reason and without issuing any notice is

illegal, arbitrary and violative of Articles 14 and 19(1)(g) of the

Constitution of India and Principles of natural justice and pass suitable

orders.

3. Heard learned counsel for petitioner and learned Assistant

Government Pleader for Education representing on behalf of the

respondents.

4. Learned Assistant Government Pleader for Education, relying

upon the judgment dated 31.10.2019 in W.P. Nos.8037 of 2019 and

batch, argued that said judgment also relates to the implementation of

mid-day meals scheme by the Government and challenge of some of

the petitioners was against their removal and hence, the said judgment

squarely applies to the cases on hand and thus, requested to dispose of

these writ petitions in terms of the said judgment.

5. On a close scrutiny of the judgment in W.P. No.8037 of 2019

and batch, it is noticed that a learned single judge of this Court having

relied upon the earlier division bench judgment in D.Ameena Bee v.

Commissioner, Anantapur Municipality, Anantapur1, has held that,

in his opinion, the petitioners therein had not made out a case for

issuance of a writ of mandamus and the Court did not find an

enforceable legal/statutory right that was available to the petitioners

which would entitle them to invoke the extra ordinary jurisdiction of

this Court and seek a writ of mandamus, dismissed the writ petitions.

6. Needless to emphasize, this writ petition is squarely covered by

the aforesaid judgment. By following the said judgment and in terms

thereof, this writ petition is dismissed. No costs.

As a sequel, interlocutory applications pending, if any, shall

stand closed.

_________________________ U.DURGA PRASAD RAO, J

27th OCTOBER,2021.

TSNR

2005 (2) ALT 576