Sarwar Ali, J.

The main or the most important question involved in this writ application is whether the ORDER :passed in violation of the principles of natural justice is a nullity. Can such ORDER :be ignored? Can it be treated to be non-existent in the eye of Law? Before I deal with this, and other questions raised on behalf of the petitioner, it is proper to state the facts compactly.

2. The facts which are admitted or which had been established in this case are these :-

The petitioner is the owner and occupier of a house on the flank of a lane vested in the Arrah Municipality. There was an encroachment on this lane by the petitioner who constructed a platform. Respondent no. 4 filed an application for the removal of the encroachment made by the petitioner. Sri H.K. Verma Section Officer of the Municipality was deputed to make an inquiry. He found an encroachment on the public lane. He submitted a report, a true copy of which is Annexure-2 to this writ application. In this report he recommended action under Sect ions 193, 196 and 197 of the Bihar and Orissa Municipal Act ("the Act"). The Municipality issued a notice requiring the petitioner to remove the encroachment withi