Chairman,Lucknow Devt. Auth.& Ors. Vs. Mahant Baksh Singh @ Jai Chaudhary
& Ors  Insc 1397 (4 August 2009)
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.
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.
The impugned direction reads thus:
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."
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
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.
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)
August 4, 2009.