( 1 ) THESE are three connected special appeals directed against a common judgment and order dated 18. 4. 1996 of a learned single Judge by which three writ petitions were disposed of. Special appeal No. 445 of 1998 arises out of Writ Petition No. 8785 of 1993. Special Appeal No. 446 of 1998 arises out of Writ Petition No. 16789 of 1993 and Special Appeal No. 447 of 1998 arises out of Writ Petition No. 8785 of 1993.

( 2 ) SPECIAL Appeal No. 445 of 1998 was filed on 14. 8. 1996 and was registered as defective special Appeal No. 78 of 1996 as the same was not. In order. When the appeal was listed for admission on 19. 8. 1996, no one appeared to press the appeal. The case was listed on several dates and was dismissed in default on 10. 3. 1999. After restoration of appeal, it was heard on 30. 4. 2001, when certain directions were issued. The appellants then filed a supplementary affidavit bringing on record the judgment of a civil suit. Thereafter, all the three appeals have been heard for admission/ hearing.

( 3 ) FOR the purpose of array of parties, Special Appeal No. 445 of 1998 shall be treated as the leading case wherein. Hari Lal, Urmila Kumar Chandan. Smt. Prem