Ashok Parihar, J. - (1.) The present writ petition was admitted only on the question as to whether construction of the shop could be considered as for religious purpose since the rent proceeds thereof are utilised for the said object in so far as the lease granted in favour of the petitioner institution has been only for the purpose of educational, religious and social activities. The stay application was, however, rejected on the date of admission i.e. on 4.1.1994.
(2.) The case was listed for hearing on 23.3.2001 but none was present on behalf of the petitioner. Mr. M. Rafiq, Additional Advocate General was directed to seek instructions in the present matter. The case was again listed on 25.4.2001. On that date also, none was present on behalf of the petitioner. After hearing Mr. M. Rafiq, appearing on behalf of the State, the order was reserved in the present matter.
(3.) The petitioner trust association is running a school in the name of Husbandry Memorial Higher Secondary School, Ajmer, situated at Jaipur road. Somewhere in the year 1989, the petitioner sought permission to construct some more class rooms in the premises of the school, which was duly given by the Municipal Council, Ajmer. However, since the petitioner, instead of constructing class rooms, constructed 12 shops abating to the road and a further platform of 3" x 6" wide was also constructed along with the main road in front of the shops, which was in violation of the sanction i given by the Municipal Council and also as per the master plan of the Amer City, the petitioner was directed to remove unauthorised construction by the Commissioner, Municipal Council, Ajmer, vide letter dated 6.5.1989.;