- (1.) Heard the learned counsel for the parties. Leave is granted. 2. The appellants were the parties to the order passed by the Board of Revenue on 11.9.1998. The Sahkari Samiti which is respondent no. 1 herein was also a party to that order. It appears challenging the validity of the said order of the Board of Revenue, the first respondent filed writ petition No. 5409/1999. Even without issuing a notice to all the respondents therein, the appellants herein, the High court dismissed the writ petition after hearing some other respondents therein by a speaking order. Thereafter the appellants herein filed writ petition No. 2404/99 in the High Court of judicature at Jabalpur, which came to be dismissed in limine by the High Court on december 3, 1999. It is that order which is assailed in this appeal. The relevant portion of the said order reads as under:- "This court in W. P. No. 5409/99, preferred by the society, by order dated 17.2.999, has given the stamp of approval to the impugned order. Hence, in my considered opinion, no interference can be made in this writ petition. Accordingly writ is dismissed. "
(2.) Xx xx xx
(3.) From a perusal of the above extract of the order, it is clear that the appellants were non suited merely on the ground that the order impugned therein was upheld by the High court when the Samiti unsuccessfully challenged the same. This, in our view, cannot be a correct approach. The appellants may have, as they contend, a different case which they were entitled to agitate before the High Court. The High Court should have heard the appellants on merits and disposed of the writ petition in accordance with law.;