Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5078 OF 2009
(Arising out of SLP© No. 19368/2009)
(CC No. 10335/09)
Vice Chairman, Lucknow Development
Authority & Ors.
…Appellants
Versus
Mahant Baksh Singh @ Jai Chaudhary & Ors. …Respondents
JUDGEMENT
R.M. Lodha, J.
Delay condoned.
2.
Leave granted.
3. This appeal by special leave is directed against an interlocutory order dated March 31, 2009 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow.
4. The impugned direction reads thus:
“ We, therefore, direct both the parties to
appear before the Vice Chairman, Lucknow
Development Authority i.e. 01.04.2009 at
11.30a.m. either themselves or through
authorized representative and the Vice
Chairman of the Lucknow Development
Authority may either provide 1 Bigha land
against Khasra No. 1284 of Village Ujariao
Pargana, Tehsil and District Lucknow to the
petitioner in the same locality or may allot
some other alternative site to Dr. Smt. Sudha
Rastogi, Opposite Party No. 5.”
5. 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.
6. In view thereof, we are satisfied that the grievance of the appellants stands redressed and it is not necessary to go into the diverse aspects of the matter.
7. 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.