( 1 ) THIS Rule was originally issued against the opposite parties -- The Chairman, Municipality of Bally, the Municipal Commissioners of the Municipality of Bally, the bailiff of the said Municipality and Bhagabati Prasad Ganeriwalla, to show cause why the warrant Nos. 73 and 74 complained of in the petition should not be with drawn, recalled and cancelled and the boring- machine referred to in the petition returned to the petitioner forthwith; why a Writ in the nature of Mandamus should not issue on the opposite- party Nos. 1 to 3 directing them to release and return the boring machine to the petitioner or why such other or further orders should not be made as to the Court may seem fit and proper. Since the issue of the Rule, the Municipality of Bally has been superseded and instead of the original opposite parties Nos. 1 and 2, has been substituted the Administrator appointed to administer the affairs of the Municipality. The facts of this case are shortly as follows:

( 2 ) ACCORDING to the petitioner, opposite party No. 4 Bhagabati Prasad Ganeriwalla is the owner of premises No. 16, Belur Road, Lilooah, which is within the jurisdiction of the said Municipality, and h