Madhya Pradesh High Court

WP/19826/2020 of KUSUM TIWARI Vs THE STATE OF MADHYA PRADESH on 31 December 2020

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Court Of Madhya PradeshThe High Court Of Madhya Pradesh WP-19826-2020 (KUSUM

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The High Court Of Madhya PradeshWP-19826-2020

(KUSUM TIWARIVs THE STATE OF MADHYA PRADESH AND OTHERS)

[31][-][12][-][2020]Jabalpur, Dated :

Heard through Video Conferencing.

Shri K.K.Pandey, counsel for the petitioner.

Shri Akshay Pawar, P.L. for respondents/State.

I.A.No.9478/2020 for hearing during winter vacation is taken-up and for the reasons stated in it, I.A. is allowed.

Heard on admission.

Learned counsel for the petitioner submits that order passed byTehsildar (Urban) Hoshangabad dated 10.11.2020 can be called in question inappropriate proceedings under the M.P. Land Revenue Code, 1959 (Code)but in view of judgment of Supreme Court despite availability of alternativeremedy, this petition can be entertained. If this court deems it proper torelegate the petitioner to avail the alternative remedy, interim protection maybe granted till such remedy is availed.

Prayer is opposed by other side.

No doubt, despite availability of alternative remedy, a writ petition ismaintainable. However, it is discretion of the court and not a compulsion. The petitioner is unable to show that the impugned order is passed by anauthority having no jurisdiction. Petitioner has an efficacious, alternative andstatutory remedy under the Code. Thus, petitioner is relegated to avail thesaid remedy. So far prayer for interrim relief is conerned, it is apposite toquote para-22 of Kalabharti Advertising Vs. Hemant VimalnathNarichania- (2010) 9 SCC-437. The same reads as under :- "22. It is a settled legal proposition that the forum of the writcourt cannot be used for the purpose of giving interim relief as theonly and the final relief to any litigant. If the court comes to theconclusion that the matter requires adjudication by some otherappropriate forum and relegates the said party to that forum, it Signature Not VerifiedSANDigitally signed by MANOJ KUMARLALWANIDate: 2020.12.31 13:57:39 IST

WP-19826-2020

should not grant any interim relief in favour of such a litigant for aninterregnum period till the said party approaches the alternativeforum and obtains interim relief."

In the light of this judgment of Supreme Court, no interim relief is duefrom this court. The petition is disposed of by reserving liberty to thepetitioner to avail the alternative remedy under the Code. If the appropriateproceedings are filed with stay application before the competent court, thesaid court shall decide the stay application expeditiously.

Petition is disposed of.

(SUJOY PAUL)V. JUDGE

MKL

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