IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 44  OF 2007

  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.