ORDER

1. Special leave granted.

2. We have heard the learned counsel for the parties.

3. The only question that falls for consideration in this appeal is whether the writ petition that was filed by the appellant in the High Court is to be treated as a petition filed under Article 227 of the Constitution and the special appeal filed before the Division Bench against the judgment of the learned Single Judge dismissing the said writ petition was not maintainable. By the impugned judgment the learned Judges of the Division Bench of the High Court have held that having regard to the nature of the relief prayed for and the judgment and order passed by the learned Single Judge, the writ petition filed in the High Court was essentially a petition under Article 227 of the Constitution and that merely the label given by the petitioner would not be sufficient to hold that the petition was under Article 226 of the Constitution. On that view the High Court has held that the special appeal was not maintainable.

4. We have carefully perused the writ petition which was filed by the appellant in the High Court. The writ petition has been described as having been filed under Article 226 of the Const