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V.K.S. PUBLIC SCHOOL MAJHOLA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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V.K.S. Public School Majhola v. State Of U.P. And Others - WRIT - C No. 39404 of 2006 [2006] RD-AH 13144 (7 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble A.K.Yog

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.

Dated:7.8.2006

RPP/WP.39404/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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