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2022 Supreme(MP) 1165
IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Sidhi Hospital Sidhic – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Writ Petition No. 28851 of 2022
Decided On : 14-12-2022
Lal Raj Bahoran Singh Chouhan, Advocate, Rohit Jain, Advocate
Final Result : Disposed Of
The existence of an alternative statutory remedy under Section 6(3) of the Adhiniyam should be considered before seeking relief.
Headnote:
M.P. Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973 - Appeal Provision
Fact of the Case:
The petitioner sought relief under the provisions of the M.P. Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973.
Finding of the Court:
The court found that the petitioner, having an alternate statutory remedy under Section 6(3) of the Adhiniyam, should avail the same. The court also noted that the Coordinate Bench's order granting interim relief did not consider the existence of the alternative remedy.
Issues: The issue was whether the petitioner should be entitled to seek relief despite the availability of an alternative statutory remedy.
Ratio Decidendi: The court held that the Coordinate Bench's order granting interim relief should not be treated as a precedent due to the existence of an alternative statutory remedy under Section 6(3) of the Adhiniyam.
Final Decision: The petition was disposed, and the petitioner was relegated to avail the statutory alternative remedy.
JUDGMENT
Vivek Agarwal, J. - Shri Rohit Jain submits that under the provisions contained in the M.P. Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973, there is a provision for appeal under Section 6(3) and, therefore, petitioner having alternate statutory remedy be relegated to avail said remedy.
2. Shri Lal Raj Bahoran Singh Chouhan, in his turn, submits that a Coordinate Bench in W.P. No.28483/2022 vide order dated 09.12.2022 has taken cognizance of the matter and has issued notice and granted interim relief to the petitioner therein.
3. A fact of the matter is that learned Government Advocate who appeared before the Coordinate Bench did not brought this fact to the Hon'ble Coordinate Bench that there exists an alternative remedy under Section 6(3) of the M.P. Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973, therefore, this aspect being not available before the Coordinate Bench, the order the Coordinate Bench in view of alternative statutory remedy will not be treated as a president and, therefore, petitioner is not entitled to seek any parity.
In view of the statutory alternative remedy, petitioner is relegated to avail the same.
In above terms, petition is disposed.
