Lokhnath And Others vs State Of Madhya Pradesh And Others

Gurpal Singh Ahluwalia, J

This petition under Article 226 of the Constitution of India has been filed seeking following relief:-

"It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to:

(i) Issue appropriate writ and quash the order dated 19.5.2026 passed by the Competent Authority under section 5(1) of the Madhya Pradesh Public Premises (Eviction) Act, 1974;

(ii) Direct the respondents not to dispossess the petitioners from their respective residential quarters without first providing suitable alternative accommodation;

(iii) Direct the respondents to consider and allot alternative government accommodation to the petitioners before undertaking any demolition or eviction action;

(iv) Pass any other order or direction which this Hon'ble Court may deem fit in the facts and circumstances of the case."

It is fairly conceded by counsel for the petitioner that the order under challenge is an appealable order. However, it is submitted that petitioners are ready to approach the appellate authority, but in the meanwhile this Court may protect possession of the petitioners by passing interim order.

Heard learned counsel for the petitioners. So far as interim protection to the petitioners with liberty to prefer an appeal is concerned, the same cannot be granted in view of the judgment passed by the Supreme Court in the case of Kalabharti Advertising Vs. Hemant Vimalnath Narichania , reported in (2010) 9 SCC 537, which reads as under:-

"22. It is a settled legal proposition that the forum of the writ court cannot be used for the purpose of giving interim relief as the only and the final relief to any litigant. If the Court comes to the conclusion that the matter requires adjudication by some other appropriate forum and relegates the said party to to that forum, it should not grant any interim relief in favour of such a litigant for an interregnum period till the said party approaches the alternative forum and obtains interim relief."

Since this Court is not inclined to bypass the statutory remedy, therefore, no interim protection can be granted. Accordingly, with liberty to prefer an appeal against the order of eviction the petition is dismissed. It is made clear that in case the appeal is preferred then it shall be decided by the authorities on its own merits without getting prejudice or influenced by non-entertaining of this writ petition by this Court.