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PETITIONER:

THE EXECUTIVE ENGINEER,BIHAR STATE HOUSING BOARD

Vs.

RESPONDENT:

RAMESH KUMAR SINGH & ORS.

DATE OF JUDGMENT22/11/1995

BENCH:

PARIPOORNAN, K.S.(J)

BENCH:

PARIPOORNAN, K.S.(J)

ANAND, A.S. (J)

CITATION:

1996 AIR 691 1996 SCC (1) 327

JT 1995 (8) 331 1995 SCALE (6)625

ACT:

HEADNOTE:

JUDGMENT:

J U D G M E N T

PARIPOORNAN, J.

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 High Court was pleased to exercise its

jurisdiction resulting in an abuse of process.

3. The appellant is the Executive Engineer, Bihar State

Hosuing Board and represents the said ’Board’ (hereinafter

referred to as "Board"). The respondents to this appeal are

(1) Sri Ramesh Kumar Singh (Petitioner in the Writ

Petition), (2) State of Bihar, (3) Sub-Divisional

Magistrate, Saraikella, District Singhbhum(the ’competent

authority’) and (4) Sri S.N. Pandey, Adityapur, District

Singhbhum (east).

4. The first respondent assailed the show-cause notice -

Annexure Ext. P-4-dated 16.12.1992 issued to him by the 3rd

respondent herein under Section 59 of the Bihar State

Housing Board Act, 1982 in CWJC No. 82/93 - High Court of

Patna. By judgment dated 10.2.1993 a Divison Bench of the

High Court quashed Annexure Ext. P-4, show cause notice, and

also the Eviction proceedings No. 6/92 pending before the

3rd respondent. The Board, party-respondent in the writ

petitio, has filed this appeal against the aforesaid

judgment dated 10.2.1993.

5. The broad facts relevant for the disposal of the appeal

are in a narrow compass. The appellant-Board has allotted

quarter No. M-11/(Old) Adityapur, Near Jamshedpur, to the

4th respondent on hire-purchase basis. Under the provisions

fo the Bihar State Housing Board Act, 1982 and the BIhar

State Housing Board (Management and Disposal of Housing

Estates) Regulations of 1983, detailed procedure for

allotment, payment of hire purchase amount, vesting of

ownership on payment of the last instalment by the hirer,

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procedure for summary eviction of unauthorised occupation,

etc. are provided. The hirer is a tenant of the Board till

the last instalment is paid whereafter the ownership is

transferred to the hirer by executing an appropriate

conveyance. on this basis the 4th respodent, hirer, is a

tenat of the Board. Section 58 of the act states that

provisions of the Bihar Buildings (Lease, Rent and Eviction)

control Act are inapplicable to the tenacy created by the

Board. Section 59 of the Bihar State created by the Board.

Section 59 of the Bihar State Housing Board Act enables the

Board to evict persons in occupation in cases of sub-tenancy

or any other unauthorised occupation, by application to the

’competent authority’. By notification No. 3196/Patna dated

22.11.1973 (Annexure Ext. P-1), the Government f Bihar, in

exercise of powers conferred on it by Section 2(10) of the

Bihar State Housing Board Ordinance, had authorised all

civilian Sub-Divisional Officers and Magistrates, just below

the rank of S.D.D.’s, as competent authorities for the

purposes of the Act. The 3rd respondent is the competent

authrity within whose jurisdiction the instant building-

quarter No. M/11(Old) Adityapur, Near Jamshedpur is

stituate.

6. The 4th respondent, the allottee of the quarter No.

M11/(Old), Adiyapur, Near jamshedpur, complained to the 3rd

respondent by communication dated 20.10.1992 (annexure Ext.

P-2) that he has been allotted the said abuilding by the

Board, and while he was residing with his fmaily in the siad

building, the 1st r