Judgment

K.S.PARIPOORNAN, J.

(1) LEAVE granted.

(2) THIS is a typical case where the extraordinary discretionary jurisdiction vested in the High court under Article 226 of the Constitution of India was improperly invoked, and the High court was pleased to exercise its jurisdiction resulting in an abuse of process.

(3) THE appellant is the Executive Engineer, Bihar State Housing Board and represents the said Board (hereinafter referred to as Board). The respondents to this appeal are (1 Shri Ramesh Kumar Singh (Petitioner in the writ petition), (2 State of Bihar, (3 Sub-Divisional Magistrate, Saraikella, District Singhbhum (the "competent authority") and (4 Shri S.N. Pandey, Adityapur, District Singhbhum (East).

(4) THE first respondent assailed the show-cause notice - Annx. Ext. P-4 - dated 16/12/1992 issued to him by the third respondent herein under Section 59 of the Bihar State Housing Board Act, 1982 in CWJC No. 82 of 1993 - High court of Patna. By judgment dated 10/2/1993 a division bench of the High court quashed Annx. Ext. P-4, show-cause notice, and also the Eviction Proceedings No. 6 of 1992 pending before the third respondent The