( 1 ) WE have heard Dr. R. G. Padia, Senior Counsel, Sri Rajendra Kumar Srivastave, Sri Arvind srivastava, Sri Sidhartha, Sri P. R. Mauiya, Sri V. S. Sinha, Advocates, appearing for the appellants and Sri P. S. Baghel, Sri Maneesh Goyal, Advocates and Sri Ashok Khare, Senior advocate, Sri Ranvijai Singh, learned Standing Counsel, appearing for the respondents.

( 2 ) IN all these appeals, the question regarding maintainability of appeal under Chapter VIII, Rule 5 of the Rules of the Court has been raised. A preliminary objection has been raised by respondents regarding maintainability of the appeal.

( 3 ) WE have heard Counsel for both the parties on the question of maintainability of the appeal under Chapter VIII, Rule 5 of the Rules of the Court and by this common order we arc deciding the question of maintainability along.

( 4 ) SPECIAL Appeal No. 1177 of 2001 is being treated as leading case and facts of that case are being noted in some detail for appreciating the arguments raised by Counsel for the appellants.

( 5 ) SPECIAL Appeal No. 1177 of 2001 has been filed by appellants challenging the judgment of learned Single Judge dated 30th October, 2001 in Writ Pe