M.Y.EQBAL, J. - (1.) HEARD Mr. A. K. Sinha, learned senior counsel appearing for the appellant and Dr. Jai Prakash Gupta, learned counsel appearing for the respondents and with their consent this appeal is disposed at the admission stage.
(2.) THIS Letters Patent Appeal is directed against the order dated 23.7.2004 passed by learned single Judge in WPC No. 3428/04. The appellant is aggrieved by that part of the order whereby the learned single Judge clarified that the notification dated 9.6.2003 is not stayed. The office has pointed out a defect with regard to maintainability of the appeal against the impugned order, so we have heard learned counsel on the question of maintainability also.
(3.) BEFORE deciding the question of maintainability of the appeal I would like to discuss the relevant facts of the case.;