JUDGMENT :

H.L. Agrawal, C.J. - Both the writ applications were heard together as a common question of law arises in them, and they are being disposed of by this judgment.

2. The question thai arises for determination in these applications is as to whether after the coming into force of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (for short' the Eviction Act') as amended by the .1983 Amending Act, the power of removal of unauthorised occupants u/s 255(6) of the Orissa Municipal Act (for short 'the Municipal Act') vested in the Executive Officer of the municipality will be deemed to have ceased.

3. The petitioners have prayed for quashing of the notices issued to them by the Executive Officer of the Puri Municipality (opp. party No. 1) to remove the coverings over the municipal drain in front of their premises within 24 hours and to restrain him from interfering with their possession.

4. The petitioners claim to have been granted licences by the Municipality for covering the public drains adjacent to their premises and to construct roofs over the same for which the Municipality was collecting licence fees since 1975 continuously.

5. According to the case of