- (1.) Executive Officer, Nagar Palika Parishad Atrauli, District Aligarh is before this Court, assailing the validity of the order dated 07.04.2017 wherein learned Single Judge has proceeded to pass interim order in favour of Nanak Chand-respondent no.5, who admittedly has attained the age of superannuation on 31.12.2014, but till date has not vacated the premises in question allotted to him.
(2.) Sri Devendra Kumar, learned counsel for the petitioner-appellant made a mention that grant of interim order, has caused serious prejudice to the right of petitioner-appellant, as unauthorized occupant has been permitted to retain the premises in question, who otherwise has no legal authority to stay in premises in question.
(3.) Sri Pramod Bhardwaj, learned counsel for Nanak Chand-respondent no.5 on the other hand contended till date dues of Nanak Chand-respondent no.5 has not been finalized and coupled with this Nanak Chand-respondent no.5 has invested amount in the residential premises, and as such his interest has rightly been protected.;