TaxTMI 
TaxTMI 
1995 (11) TMI 381
X X X X Extracts X X X X
X X X X Extracts X X X X
....r 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 3^rd 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 3^rd 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 said building, the 1st respondent has forcibly and unauthori....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nexure Ext. P-4. According to him, 4th respondent is the owner of the building having purchased the same from the Board, that he is a tenant of the first floor under the 4th respondent, that the 3rd respondent is incompetent to initiate proceedings for eviction under the Bihar State Housing Board Act, and that only proceedings under the Bihar Buildings (Lease, Rent & Eviction) Control Act will lie for eviction. So, he prayed for quashing Annexure Ext. P-4 show-cause ntocie and the eviction proceedings. 8. The High Court heard the parties and took the view that the 1st respondent is not a tenant of the Board, and so the Board will have no jurisdiction to initiate proceedings either on its own motion or at the instance of the 4^th responde....
X X X X Extracts X X X X
X X X X Extracts X X X X
....iate the proceedings under the Act if the building still belongs to the Board and the ownersip has not vested in the 4th respondent. It may be, that this basic fact is denied by the 1st respondent when he states that the 4th respondent is the owner having purchased the building from the Board and that he is a tenant under the 4th respondent. The baisc facts, on the basis of which the jurisdiciton of the 3rd respondent to initiate/continue the proceedings, require investigation and adjudication. If, as pleaded by te appellant and the 4th respondent, the Board is the owner and the 4th respodent is the hirer, it cannot admit of any doubt that the 3rd respondent has jurisdiction to initiate the proceedings as per Annexure Ext. P-4. If that basi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the same before the authority concerned and taken up the objection regarding jurisdiction alos, then. In the event of an adverse decision, it will certainly be open to him, to assail the same either in appeal or revision, as the case may be, or in appropriate cases, by invoking the jurisdiction under Article 226 of the Constitution of India. 11. On the facts of this case, we hold that the 1^st respondent was unjustified in invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India, without first showing cause against Annexure Ext. P-4 before the 3rd respondent. The appropriate procedure for the 1st respondent would have been to file his objections and place necessary materials before the 3^rd....