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SUPREME COURT OF INDIA

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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)