( 1. ) HEARD.

( 2. ) THIS is an appeal against the order dated 15-9-2006 passed by the learned Single Judge in W. P. No. 5028/2002.

( 3. ) AN objection has been taken in the writ appeal by the respondents saying that under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, an appeal is available only against the order passed by the learned Single Judge under Article 226 of the constitution of India and no appeal is available against the order of the learned single Judge passed under Article 227 of the Constitution of India.

( 4. ) MR. Mohan Sausarkar, learned Counsel for the respondent No. 1, submitted that a reading of the order dated 15- 9-2006 will go to show that the learned Single Judge has dismissed W. P. No. 5028/2002 in view of the order passed by the learned Single Judge in W. P. No. 6475/2001 and a reading of the order of the learned Single Judge in W. P. No. 6475/2001 would show that the same has been passed under Article 227 of the Constitution.

( 5. ) MR. Rajendra Tiwari, learned Senior Counsel for the appellant, on the other hand, submitted that W. P. No. 5028/2002 was filed by the appellant both under the Article 22