( 47 ) SRI E. Ayyapu Reddy, has, however, placed reliance on cetain decisions in support of his contention. In Mt. Mithan v. Municipal Board, Orai, a bench of the Allahabad High Court was considering whether a Magistrate passing an order under section 247 of the u. P. Municipalities Act acts as a Court or persona designata wherein it is provided that "when a Magistrate of the first class receives information" that a house in the vicinity of a place of worship etc. is used as a brothel or for the purpose of habitual prostitution, he may summon the owner, tenant. . . . . . . . to appear before him either in person or by agent; and if satisfied that the house is used as described above may order such owner, tenant, etc. to discontinue such use. The court came to the conclusion that the magistrate acts as a persona designata because the nature of the functions to be performed by the Magistrate is more consistent with his acting as an executive authority than with his acting as a judicial authority. Therefore, the facts there are different. As a matter of fact this decision was not referred to in either of the Full Bench decisions of the allahabad High Court, Chatur Mohan v. Ram Behari,

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