M/S Deva Enterprises vs State Of Madhya Pradesh And Others

Sushrut Arvind Dharmadhikari, J

Heard on the question of admission and interim relief.

This petition has been filed by the petitioner under Article 226 of the Constitution of India.

Learned counsel for the petitioner submitted that the impugned order dated 24/02/2023(Annexure-P/3) which is an eviction order has been issued under Section 248(2) of the M.P. Land Revenue Code which provision is not in existence since 2011. Moreover, the land in question has been leased out in favour of the petitioner by M.P. Audyogik Kendra Vikas Nigam( in short ...."M.P.A.K.V.N.), Indore Limited for a period of 30 years of which the lease

is to expire in the year 2048. The petitioner has taken a huge loan to set up the factory. In fact, the dispute is between the District Industrial Centre and M.P.A.K.V.N., both being the instrumentality of the State. Instead of resolving the dispute themselves the have targeted the petitioner without there being any fault.

Per Contra, learned counsel for the respondent/State opposed the prayer and submitted that alternative efficacious remedy of appeal under Section 44 of the M.P. Land Revenue Code is available to the petitioner, therefore, this petition is not maintainable and deserves to be dismissed.

Looking to the fact that the impugned order has been issued against non-existence provisions of law and the petitioner is able to demonstrate that the said land has been granted to him on lease for a period of 30 years, question of alternative remedy will not come in his way.

Issue notice to the respondent(s) on payment of Process Fee by RAD mode within seven working days, made returnable within four weeks failing which, this writ petition shall stand dismissed without further reference to the Bench.

In the meanwhile, the effect and operation of the impugned order dated 24/02/2023(Annexure-P/3) shall remain stayed till the next date of hearing.

Certified copy, as per rules.