RAMA SHANKAR DUBEY Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) The appellant herein has impugned the judgment and order of a learned Judge of this Court dated 1st September, 1998 dismissing the writ petition. In the writ petition filed by the appellant he had challenged the order of eviction passed by the Sub-Divisional Magistrate, Patna Sadar, dated 25th February, 1991 in Eviction Suit No. 17 of 1990 passed under Section 59 of the Bihar State Housing Board Act, 1982, as well as, the appellate order dated 28th December, 1996 dismissing the appeal. These orders were Annexures 4 and 5 respectively to the writ petition.

(2.) The first submission urged before us by counsel for the appellant is that the Sub-Divisional Officer, Patna Sadar, had no jurisdiction under Section 59 of the Act to pass the impugned order dated 25th February, 1991 as he was not duly authorised to exercise the powers of the competent authority under the Act.

(3.) The learned Judge, before whom the same submission was urged, considered it unnecessary to examine this question on the ground that the appellate authority had considered the matter before passing the appellate order.