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V.K.S. Public School Majhola v. State Of U.P. And Others - WRIT - C No. 39404 of 2006  RD-AH 13144 (7 August 2006)
Hon'ble R.K. Rastogi,J.
Counter affidavit has been filed along with an application for exemption of personal appearance of the Nagar Ayukta, Nagar Nigam, Moradabad, Sri Ashok Verma. It may be taken on record.
The application for exemption is allowed. The personal appearance of Sri Ashok Verma, Nagar Ayukta, is exempted, subject to any further order to be passed by this Court.
The learned counsel for the petitioner prays for time to file rejoinder affidavit. Time prayed for is allowed. Rejoinder affidavit may be filed by the date fixed in the case.
The Nagar Ayukrta shall, however, file his own affidavit stating that:
(1) Nagar Nigam, Moradabad shall not allot road, road atri or the land ear-marked for road to any person or authority and the same shall be kept vacant;
(2) Any allotment of such land/area, as has been done in the case of the petitioner, shall also be proceeded with similar action.
Sri Ashok Verma, Nagar Ayukta, has stated that the petitioner in addition to occupy the land allotted to him has also encroached upon the land of the road patri and that same does cause obstruction on the road.
It is made clear that if the petitioner avoids hearing of the case, the interim order shall be vacated and the Nagar Nigam, Moradabad shall be free to get the land in question vacated forthwith.
List this case on 14.8.2006.
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