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Judgment
Special leave granted.
The High court dismissed the writ petition filed by the appellants-petitioners in limine in the following words :
"Heard the learned counsel for the parties. Since the question involved is political the court cannot give any relief to the petitioner. This writ application is dismissed."
The relief sought by the appellants in the writ petition before the High court was the issuance of a direction to the State government to enforce the Bengal Regulation XIII of 1833 called "Wilkinson''s Rules".
We are of the view that the High court was not justified in dismissing the writ petition on the ground that it involved political question. Whether the Bengal Regulation XIII of 1833 are applicable to the area concerned and if so whether the petitioners have any rights under the said Regulation are some of the questions involved in the writ petition. The High court should have applied its mind to these questions.
We set aside the impugned order of the High court and send the case back with the direction that the writ petition be dealt with in accordance with law in the light of the observations made by us. The appeal is allowed. No costs.