Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5072 OF 2009
(Arising out of SLP) No. 16795/2009)
Vice Chairman, Lucknow Development
Authority & Ors. ...Appellants
Versus
Mahant Baksh Singh @ Jai Chaudhary & Ors. ...Respondents
JUDGEMENT
R.M. Lodha, J.
Leave granted.
2. This appeal by special leave is directed against an
interlocutory order dated July 15, 2009 passed by the High Court of
Judicature at Allahabad, Lucknow Bench, Lucknow.
3. The impugned direction reads thus:
” We, therefore, direct the District Magistrate,
Lucknow and Senior superintendent of Police,
Lucknow to put the petitioners in possession
over the Khasra plot No. 1284 area 1 Bigha
with the help of the revenue authorities within
24 hours and submit a report before this Court
on 17th of July, 2009.”
4. During the course of hearing, Mr. Mukul Rohtagi, learned
Senior Counsel for Respondent Nos. 1 to 6 submitted that the said
respondents (original writ petitioners) have no objection if the
aforesaid direction is set aside.
5. In view thereof, we are satisfied that the grievance of the
appellant stands redressed and it is not necessary to go into the
diverse aspects of the matter.
6. Accordingly, appeal is allowed and the direction
aforenoticed is set aside. Looking to the controversy raised in the writ
petition, we request the High Court to hear and decide the writ
petition as expeditiously as may be possible uninfluenced by any
observation made in the impugned order or the order that has been
passed by us.
……………………J
(Tarun Chatterjee)
……………………J
(R. M. Lodha)
New Delhi
August 4, 2009.