GANESH PRASAD AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and learned Counsel for the respondents.

(2.) THIS is an application under Articles 226 and 227 of the Constitution, wherein the petitioner has prayed for quashing an order dated 18-4-1993 (Annexure 3) passed in Eviction Case No. (sic) of 1991 under Section 59 of the Bihar State Homing Board Act (in short 'Act') as also the order of the appellate authority dated 1-2-1994 (Annexure 4) The. House in question was constructed by the Bihar State Housing Board (in short 'the Board') under a hire purchase scheme. It was allotted by the Board vide letter dated 15-7-1977) to one Fakruddin Ahmad and accordingly a deed of agreement was also executed on 14-4-1984.

(3.) IT has already been noticed that the petitioner filed Title Suit No. 47 of 1991 in the court of Munsif Saraikela for a declaration that the Housing Board had no jurisdiction to file eviction case before the Sub-divisional Officer under Section 59 of the Act. The petitioner also filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure and got an order of injunction against the Housing Board from forceful dispossesion. However, on appeal filed by Fakruddin Ahmad and respondent No. 5 the order of injunction was set aside by the IVth Additional District Judge, Chaibasa.