IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO.1054 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 12.09.2006 in W.P.NO.16619 OF 2006 on the ﬁle of the High Court.) Between: The Assistant Commissioner, Backward Class Welfare, Hyderabad. ...APPELLANT AND 1 Vikas Soni, S/o.Muralidhar Soni, Muralidhar Soni, S/o.Seetharam Soni, 39 Yrs, Business, C/o.Asian Jewellery Works, Main Bazar Street, Nallamandusandu Street, Eluru, West Godavari District. 2 The Convenor, EAMCET, JNTU, Masabtank, Hyderabad. 3 The State of A.P. Rep by its Secretary, Department of Education, Secretariat, Hyderabad. 4 The A.P. State Council of Higher Education, Rep by its Convenor, Hyderabad. ...RESPONDENTS Counsel for the Appellant: GP FOR SOCIAL WELFARE Counsel for the Respondents: MR.M.GOVIND REDDY The Court delivered the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R.KANTHA RAO WRIT APPEAL NO.1054 of 2008 JUDGMENT: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard both the sides. At their request, the Writ Appeal itself is taken up for disposal. This appeal is at the instance of the State through the Assistant Commissioner, Backward Class Welfare, Hyderabad, aggrieved by the order dated 12.09.2006 in Writ Petition No.16619 of 2006, whereby the learned Single Judge allowed the Writ Petition with a direction to the appellant herein to pass appropriate orders afresh in accordance with law after aﬀording due opportunity to the petitioner therein to substantiate his claim as expeditiously as possible since the memo is issued without any notice. Hence, the appeal. Having heard on either side and on perusal of the material available on record, it is seen that since the order is virtually of remand, more so, without proper opportunity to raise all objections, claims etc., they will be gone into and considered on merits and appropriate orders will be passed in accordance with law. However, the learned Government Pleader expressed apprehension in regard to certain observations made. It is needless to mention that when an order is passed without providing any opportunity, necessarily, it involves fresh consideration rather than influenced by any observations made. Accordingly, the Writ Appeal is dismissed directing the appellant to pass appropriate orders afresh, without being inﬂuenced or placing reliance on any of the observations made in these proceedings. _________________ (B.PRAKASH RAO, J) ________________ (R.KANTHA RAO, J) 18th September 2008 RRB