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Judgment
Sushrut Arvind Dharmadhikari, J
Heard on the question of admission.
2 . This writ petition under Article 226 of the Constitution of India has been filed by the petitioner being aggrieved by the show-cause notice dated 06.03.2023 and the order dated 09.05.2024 (Annexure P/1) passed by respondent no.3 whereby petitioner has been directed to vacate the premises and hand over the possession.
The brief facts of the case are that the petitioner acquired the lessee rights of Plot No. 58, Industrial Area, Maksi, Ujjain from one M/s Choudhary Mahendra Rubber by way of registered sale deed on 16.09.2013. Due to non-payment of the requisite charges within the stipulated time, lease could not be transferred and the respondents initiated proceedings under the M.P.Lok Parisar (Bedakhali) Adhiniyam, 1975 (hereinafter referred to as the Adhiniyam 1975) before respondent No. 3 for eviction of the petitioner. On 06.03.2023, petitioner received a show-cause notice. Thereafter, on 09.05.2024, an ex-parte order was passed against the petitioner with the direction to vacate the premises within seven days. The grievance of the petitioner is that no opportunity of hearing was afforded to the petitioner and the order impugned has been passed in a mechanical and callous manner in violation of provisions of law.
At the very outset, learned counsel for the petitioner fairly submitted that against the order impugned appeal lies under Section 9 of the Adhiniyam, 1975. However, considering the questions raised in the petition which are not appealable, no other statutory/alternate remedy is available to the petitioner except for filing this petition.
Taking into consideration, the facts and circumstances of the case as well as the fact that statutory appeal under Section 9 of the Adhiniyam, 1975 is available to the petitioner, this Court is of the considered opinion that the petitioner needs to be relegated to avail the alternative remedy.
Accordingly, this petition is disposed of and the petitioner is relegated to avail the statutory remedy of filing an appeal under Section 9 of the Adhiniyam 1975.