LAW FOR ALL

whether the matter should be remanded to the High Court for reconsideration of the LPA, making it clear that in the event such a course of action is considered to be not feasible or appropriate, the contentions of the parties on the merits of the dispute would be considered by us. To resolve the aforesaid question a brief recital of the core facts will be required. - what was challenged in the appeal is the main order dated 3.10.2000 passed in the Writ Petition as well as the order dated 6.1.2004 passed in the Review Petition. What was stated before the Division Bench of the High Court is that the appellant had no grievance against the main order dated 3.10.2000 as it originally stood and the grievance arose only after para 23 of the order dated 3.10.2000 was explained in the subsequent order dated 6.1.2004 passed in the Review Petition. If the above was the stand taken by the appellant, it was naturally incumbent on the part of the appellate bench to consider the appeal against the main order dated 3.10.2000 passed in the writ petition as well as the order dated 6.1.2004 passed in the Review Petition. A scrutiny of the order dated 23.9.2009 passed by the High Court in the writ appeal clearly indicates that apart from incidental references to the claim of the appellant to the land in question, the High Court has proceeded as if the writ appeal was directed against the order dated 6.1.2004 passed in the Review Petition. The said fact being ex facie apparent and the same not having been corrected despite the application for review filed by the appellant (Review Petition No.11/2009), we are of the view that these appeals have to be allowed; the order dated 23.9.2009 should be set aside and the matter remanded to the High Court for a fresh consideration.