SUSHRUT ARVIND DHARMADHIKARI, J. - (1.)By filing this petition under Article 226 of the Constitution of India, the petitioners have challenged the notices dtd. 4/7/2022 (Annexure-P/1) issued under Sec. 310 of the Madhya Pradesh Municipal Corporation Act, 1956 whereby the petitioners have been directed to remove the dilapidated shops/building within 24 hours else appropriate action would be taken for removal thereof.
(2.)Learned counsel for the petitioners submitted that the notices have been issued in violation of the procedure prescribed in Sec. 309 and 310 of the Act. The notices have been issued by the Market Superintendent whereas, the same ought to have been issued by the Commissioner. The petitioners have not been granted adequate opportunity to show that the building/shops are fit human habitation, therefore, the notices deserve to be interfered with.
(3.)Per Contra Shri Jai Shukla, learned counsel for the respondents submitted that the petitioners are having efficacious, statutory and alternative remedy of filing an appeal under Sec. 403 of the Municipal Corporation Act, therefore, this petition is not maintainable.