Judgment N. P. Sing, N. Pandey, JJ. 1. This writ application has been filed for quashing a notice dated 20th July, 1989 issued by the Executive Officer, gopalganj Municipality directing the petitioner to remove the construction made on plot no.1445, failing which the construction shall be removed by force. In that very order it has been mentioned that the said notice had been issued per direction given by the District Magistrate Gopalganj. 2. At the stage of admission itself notice was issued to the respondents including the District Magistrate, Gopalraj and the Executive Officer of the municipality. None has appeared on behalf of the respondents. 3. On behalf of the petitioner it has been stated that the construction made by the petitioner on a land leased by the Municipality to the petitioner through a registered agreement is going to be demolished on the basis of the direction given by the District Magistrate, who has no say in the matter. 4. We fail to understand as to how without telling the petitioner as to how he has made unauthorised construction, the construction is going to be demolished on the basis of the order of the District Magistrate, G opalganj. It is well known that the authority of the municipality has ample power to direct removal of any encroachment on the land belonging to the municipality, but in the instant case it has been asserted on the behalf of the petitioner that the plot in question has been leased out to the petitioner on the bisis of a registered deed of agreement. Accordingly, we are left with no option but to allow this writ application at the stage of admission and to quash the aforesaid notice dated 20th July, 1989. However, we make it clear that it will be open to the Municipality, if the land belongs to the Municipality, to take appreciate action in accordance with law if the construction made on behalf of the petitioner is hold to be unauthorised. Application dismissed.