Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.2472 of 2008 Smt. Aarti Vijay Kulaye ..Petitioner V/s. The State of Maharashtra ..Respondents Mr.V.V.Pai for the Petitioner Mr.Sameer Patil, AGP for Respondents CORAM CORAM CORAM : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. DATED DATED DATED : 9th April, 2008 : 9th April, 2008 : 9th April, 2008 P.C. Not on Board,mentioned and,hence, taken on Board. . Heard Mr.Pai, the Learned Counsel for the Petitioner. The Petitioner’s husband Shri Vijay Kulaye was in the employment of the State Government in class-IV post as Kaskha Sevak and while in service he died on 10-6-2006 in an accident leaving behind him the Petitioner, daughter Sheetal and son Prashant. The Executive Engineer filed an application for eviction of the Petitioner and her family from the Government quarter in an application, under the Bombay Government Premises (Eviction) Act, 1955 and the same was registered as Eviction Case No.23987. The competent 351/1998 authority under the said Act has passed an order on 18-3-2008 and directed to issue notice of eviction under section 4(1)(a)(iii) of the said Act. The said order 2 dated 18-3-2008 is sought to be challenged in this petition. 2. Mr.Pai, the learned counsel for the petitioner submitted that in the meanwhile the petitioner has also submitted an application for appointment on compassionate ground under the State Government and no decision has been taken on the same so far. As per the Petitioner if she is appointed on any class-IV post on compassionate ground, she would be entitled to continue in the said quarter and the impugned order would be ineffective. 3. In my view, therefore,there is an alternative and efficacious remedy for the petitioner either to approach the Maharashtra Administrative Tribunal under the Administrative Tribunals Act, 1985 by filing an original Application or the City Civil Court by way of an Appeal under the Bombay Government Premises (Eviction) Act, 1955. 4. When such an efficacious and alternate remedy is available to the Petitioner, I deem it appropriate that the Petitioner is relegated to the alternative remedy she may choose. By way of interim protection so as to enable the Petitioner to resort to an alternative 3 remedy, the notice pursuant to the impugned order shall not be given for one more week. 5. The Petition is disposed accordingly. [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.]