Sidhi Hospital Sidhic vs State Of Madhya Pradesh And Others

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.

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.

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.