TMI Blog1995 (11) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... before the 3rd respondent and invite a decision as to whether the proceedings initiated by the 3rd respondent under Section 59 of the Bihar State Housing Board Act, 1982, are justified and appropriate. The adjudication in that behalf necessarily involves disputed questions of fact which require investigation. In such a case, proceedings under Article 226 of the Constitution can hardly be an appropriate remedy. The High Court committed a grave error in entertaining the Writ Petition and in allowing the same by quashing Annexure Ext. P-4 and also the Eviction proceedings No. 6/92, without proper and fair investigation of the basic facts. We are, therefore, constrained to set aside the judgment of the High Court of Patna in CWJC NO. 82/93 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 installment by the hirer, procedure for summary eviction of unauthorised occupation, etc. are provided. The hirer is a tenant of the Board till the last installment is paid where after the ownership is transferred to the hirer by executing an appropriate conveyance. on this basis the 4th respondent, hirer, is a tenat of the Board. Section 58 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tyapur, Near Jamshedpur stands allotted to the 4 th respondent and the application of the 4th respondent, which is self-explantory, praying for eviction of the portion unauthorisedly occupied by the 1st respondent, is referred for necessary action. In this back-ground, the 3 rd respondent issued Annexure Ext. P-4 notice dated 16.12.1992 to the 1st respondent which is to the follwing effect : "UNDER SECTION OF BIHAR HOUSING BOARD ACT SHOW CAUSE NOTICE] To, Shri R.K. Singh, Contractor, M-11, Adityapur, JAMSHEDPUR. It appears from the petition of the Executive Engineer, Bihar State Housing Board (Adityapur) Jamshedpur that you are illegally and unauthorisedly living in HOuse NO. M-11 Old of Housing Board situated at Adit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Eviction) Control Act. In the result, Anexure Ext. P-4 and also the eviction proceedings NO. 6/92 were quashed. It is from the aforesaid judgment of the High Court dated 10.2.1993, the Board has come up on appeal by special leave. 9. We heard counsel. It is common groudn that Quarter No. M/11 (Old) Adityapur, Near Jamshedpur, belongs to Board. According to the Board and the 4th respondent the hirepurchase transaction is still in force, and the ownsership of the building has not been finally transferred to the 4 th respondent. The 1st respondent would say that the 4 th respondent is the owner having purchased the building from the Board. The basic or fundamental fact is thus in dispute. The 3rd respondent is the competent authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... htaway filed the Writ Petition in the High Court and assailed Annexure Ext. P-4 and the eviction proceedngs. The averments in thsi regard, contained in paragraph 13(h) of the Special Leave Petition, are not denied i the detailed ocunter affidavit filed by the 1 st respondent in this Court. 10. We ar concerned in this case, with the entertainment of the Writ Petition against a show cause notice issued by a competent statutory authority. It should be borne in mind that there is not attack against the vires of the statutory provisions governing the matter. No question of infringement of any fudamental right guaranteed by the Constitution is alleged or proved. It cannot be said that Ext. P-4 notice is ex facie a "nullity" or totally "without ..... X X X X Extracts X X X X X X X X Extracts X X X X
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