ORDER 1. Leave granted. A writ petition disputing the entitlement of the private respondents to the mining lease and also laying challenge to the validity of Rules 52-A and 55-A of the V.P. Minor Minerals (Concession) Rules, 1963 was filed in the High Court of Allahabad. The matter was pending and was hotly contested. There was an interim relief also granted by the High Court. The appellant belongs to a Scheduled Caste/Scheduled Tribe and is obviously a person belonging to downtrodden class of society. 2. During the pendency of the petition, an application supported by an affidavit, was filed before the High Court seeking withdrawal of the writ petition. On 8-2-2002, in the presence of counsel for the appellant, the Court e directed the petition to be dismissed as withdrawn. On 15-2-2002, the appellant moved an application before the High Court seeking recall of the order dated 8-2-2002 and also seeking restoration of the writ petition for hearing on merits. 3. In the affidavit, annexed to with the application and setting out the facts and grounds in support of the prayer, narration is made in very many details how the appellant, according to him, was kidnapped, confined and coerced to sign certain papers, later on utilised for the purpose of preparing the application for withdrawal of the writ petition, the affidavit in support thereof and engaging a new counsel purportedly on behalf of the appellant to press the application for withdrawal of the writ petition. The Court considered the application but did not feel convinced about the merits of the averments made and, therefore, refused to recall its order dated 8-2-2002. It is these orders dated 8-2-2002 and 5-4-2002 which have been put in issue by these appeals by special leave. 4. Having heard the learned counsel for the parties, we are satisfied that the appeals deserve to be allowed. The facts and circumstances narrated in very many details in the affidavit of the appellant dated 15-2-2002 filed in support of the application seeking recall of the order dated 8-2-2002 and supported by documents have a ring of truth in them. We are of the opinion that in the peculiar facts and circumstances of this case, the High Court ought a to have taken a liberal view of the matter and recalled the order dated 8-22002 so as to permit the hearing on merits of the main petition.
We are of the opinion that in the peculiar facts and circumstances of this case, the High Court ought a to have taken a liberal view of the matter and recalled the order dated 8-22002 so as to permit the hearing on merits of the main petition. That would have better served the ends of justice. 5. The appeals are allowed. The order dated 5-4-2002 as also the order dated 8-2-2002 passed by the High Court are set aside. The civil writ petition filed by the appellant shall stand restored on the file of the High Court for hearing and decision on merits. 6. During the course of these proceedings in this Court, a plea was raised on behalf of the private respondents that the lease in their favour having been cancelled, no cause of action survives to the writ petitioner in the High Court for inviting a decision of the High Court on merits. No document has been filed in support of such stand taken by the private respondents. We express no c opinion on the plea so taken and leave the same to be raised and adjudicated upon by the High Court. 7. The appeals stand allowed and disposed of in the above said terms.