NAGENDRA PRASAD SINGH, J.

1. This is an application on behalf of the petitioner under Articles 226 and 227 of the Constitution for quashing an order dated the 29th May, 1970, passed by the learned Magistrate, Chapra in purported exercise of powers conferred upon him by Sec.198 of the Bihar and Orissa Municipal Act, 1922 (hereinafter referred to as andapos;the said Actandapos;), a copy of the said order is Annexure - 2 to the writ application.

2. According to the petitioner, he received a notice under Sections 187 and 196 of the said Act from the Chapra Municipality under the signature of the Special Officer of the said Municipality directing the petitioner to remove reinforced concrete slabs which the petitioner had put over the drain of the Municipality. It is alleged that after having received the said notice the petitioner filed an application before the respondent Special Officer of the said Municipality saying that the said construction had been made in accordance with the plan which had been approved by the Municipal authorities concerned. It is further the case of the petitioner that later a report was submitted on behalf of the said Municipality before the aforesaid