ORDER :

1. This intra-court appeal is directed against the order dated 14.10.2020 passed by the learned Single Judge in Special Civil Application No. 12595 of 2020.

2. On noticing that prayers sought for in Special Civil Application No. 12595 of 2020 before the learned Single Judge was for setting aside the order dated 17.03.2017 which was revised on 20.03.2017 by the Additional Sessions Judge, Bhavnagar in Criminal Revision Application No. 75 of 2016 (Annexure-A) and said orders having been assailed before the learned Single Judge was by filing a petition by categorizing it as one falling under Article 226 of the Constitution of India, we posed a pointed question to the learned counsel appearing for the petitioner as to how this petition can be construed as one filed under Article 226 of the Constitution of India and would it not fall under Article 227 of the Constitution of India. However, Shri Deepak Sanchela, learned counsel appearing for the petitioner would contend, this Court having entertained the appeal by issuing notice may not insist for hearing regarding maintainability as it is deemed that this Court had entertained the appeal on merits and has prayed for appeal being ta