THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD versus RAMESH KUMAR SINGH AND ORS.

THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD versus RAMESH KUMAR SINGH AND ORS.

The High Court erred in entertaining a writ petition against a statutory show cause notice issued by the competent authority under Section 59 of the Bihar State Housing Board Act, 1982, especially where basic facts regarding ownership and tenancy were in dispute and there was no challenge to the vires of the provisions or any infringement of fundamental rights. The proper course was for the respondent to reply to the show cause notice and pursue available remedies under the Act before approaching the writ court.

Parties
Appellant: The Executive Engineer, Bihar State Housing Board; First Respondent: Ramesh Kumar Singh; Second Respondent: State of Bihar; Third Respondent: Sub-Divisional Magistrate, Saraikella, District Singhbhum (East); Fourth Respondent: Sri S.N. Pandey
Jurisdiction
India
Judgment Date
22 November 1995
Procedural Posture
Civil Appeal / Appeal From Patna High Court's Decision in CWJC No. 82/93
Outcome
Appeal allowed
Legal Topics
Scope of Article 226, Eviction From Government/board Housing, Jurisdiction of Statutory Authorities, Alternative Remedies and Writ Jurisdiction
Constitutional Law Administrative Law Property Law Scope of Article 226 Eviction From Government/board Housing Jurisdiction of Statutory Authorities Alternative Remedies and Writ Jurisdiction

Case Brief

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Parties

The Executive Engineer, Bihar State Housing Board

Appellant

Ramesh Kumar Singh

First Respondent

State of Bihar

Second Respondent

Sub-Divisional Magistrate, Saraikella, District Singhbhum (East)

Third Respondent

Sri S.N. Pandey

Fourth Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court's Decision in CWJC No. 82/93

Legal Issues

  1. 1 Whether writ petition under Article 226 is maintainable to quash a show cause notice for eviction issued under Section 59 of the Bihar State Housing Board Act, 1982, without first availing the alternative remedy.
  2. 2 Whether the competent authority under the Act has jurisdiction to issue notice and initiate eviction proceedings when the basic facts (ownership/tenancy) are disputed.

Ratio Decidendi

The High Court erred in entertaining a writ petition against a statutory show cause notice issued by the competent authority under Section 59 of the Bihar State Housing Board Act, 1982, especially where basic facts regarding ownership and tenancy were in dispute and there was no challenge to the vires of the provisions or any infringement of fundamental rights. The proper course was for the respondent to reply to the show cause notice and pursue available remedies under the Act before approaching the writ court.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Patna High Court in CWJC No. 82/93 dated 10.2.1993 set aside
  • Show cause notice (Annexure Ext. P-4) and eviction proceedings No. 6/92 restored