Khaja Shariff & Ors vs B.H.E.L., Hyderabad

KHAJA SHARIFF & ORS. Appellant(s)

:VERSUS:

B.H.E.L., HYDERABAD Respondent(s)

O R D E R

The short question which arises for our

consideration in this appeal is that in view of the

judgment of the Andhra Pradesh High Court in B.F.

Pushpaleela Devi vs. State of A.P., Education Dept.

and Ors., 2002 (5) ALT 103 (L.B.), the writ appeal

is maintainable or not.

Learned counsel for the appellants has drawn

our attention to paragraph 53 of the aforesaid

judgment in which it is mentioned that "if the order

has re-determined the valuable rights of the parties

to the proceeding, whether without issuing any

notice or after issuing notice, it is a judgment as

per the tests laid down in Khimji's case".

-2-

In the present case, the learned Single Judge

by an elaborate judgment has dismissed the review

petition. Therefore, against the said order, writ

appeal was maintainable and the High Court ought to

have given a reasoned order. In this view of the

matter, we set aside the impugned judgment and remit

the matter to the High Court to decide the writ

appeal in accordance with law.

Since the matter has been pending for quite

some time, therefore, we request the High Court to

dispose of the writ appeal as expeditiously as

possible.

However, it is made clear that we have not

expressed any opinion on the merits of the case.

The appeal is disposed of accordingly.

.....................J (DALVEER BHANDARI)

.....................J (Dr. MUKUNDAKAM SHARMA)

New Delhi;

February 17, 2011.