ORDER :

1. The appellants in the three appeals who had approached the High Court under Article 226 of the Constitution of India have been non-suited on the ground that the contract entered into by them with the Coal India Ltd. for supply of explosives was in the realm of a private contract involving no public law element and, hence, not amenable to scrutiny in the exercise of jurisdiction under Article 226 of the Constitution. Aggrieved these appeals have been filed.

2. We have perused the order of the High Court under challenge and have heard the learned counsels for the parties.

3. The grievance raised by the appellants, as writ petitioners, which have been refused an adjudication on merits, is that a supplementary clause in the contract/agreement which has the effect of novation of the contract has been unilaterally inserted therein by the respondent - Coal India Ltd. It was urged that the said supplementary clause clearly nullifies the clear understanding and terms of the original contract contained in Clause XV. Clause XV of the Original Contract and the supplementary clause