THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY W.P.No.8372 OF 2009 BETWEEN: K. Sambasiva Rao, S/o. K. Panakalu …Petitioner and The Government of Andhra Pradesh, Rep.by its Principal Secretary, Higher Education(CE.II.1)Department, Hyderabad and two others … Respondents THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY W.P.No.8372 OF 2009 ORDER: Heard both sides. 2. The grievance of the petitioner is that though he attended the office of the first respondent and was waiting to be called for hearing the matter, without hearing him and by recording that he has not attended for hearing, the first respondent has passed the impugned order remanding the matter to the second respondent. In normal course, it cannot be accepted that the petitioner was present outside and without calling him, his absence was recorded. As the first respondent in the course of discharging his official duty, has presumed to have done the same in accordance with the procedure and has also recorded the proceedings factually and that the observation of the first respondent that the petitioner did not attend the hearing has to be taken as correct. However, the order passed by the first respondent is only remanding the matter to the second respondent. The petitioner has produced some material showing that he has traveled to Hyderabad, but that itself is not sufficient to show that he was actually present when the matter was called by the first respondent for hearing. Moreover, it is not necessary to go into the correctness of the claim of the petitioner, in view of the order passed by the first respondent, which is only remanding the matter, as already referred. 3. In the circumstances, the impugned order is set aside and the first respondent is directed to dispose of the matter afresh by giving fresh date of hearing. Till the matter is disposed of afresh by the first respondent, the petitioner shall not be entitled for any relief in the light of the orders of the second respondent. 4. Accordingly, writ petition is disposed of. No order as to costs. ___________________ P. SWAROOP REDDY, J. 7th October 2009 Note: Issue C.C.within a week. B/o. Rns