Hon'ble Jaspreet Singh,J.
Heard Sri Pankaj Gupta, learned counsel for the petitioner, Sri Sarvesh Mishra, learned Standing Counsel for the respondent nos. 1 and 2 and Sri Girjesh Pande, learned counsel for the respondent nos. 3 and 4.
On 25.4.2019, we passed the following order :-
"Heard Sri Tushar Gupta, Advocate holding brief of Sri Pankaj Gupta, learned counsel for the petitioner and Sri Raj Krishna, learned Standing Counsel for the respondent-State.
This Court on 18.01.2018 after hearing the matter has observed that although petitioner has made an innocuous prayer for an appropriate direction to the respondent no.2 to decide the pending representation of the petitioner dated 20.09.2017(Annexure No.1 to the writ petition) within a fixed time frame but having considered the material on record, the Court was of the opinion that counter affidavit may be filed explaining as to under what circumstances and under which provision the regularisation scheme has been issued for regularisation of illegal possession over the Government land. Thereafter on 11.03.2019 three weeks' further time was granted for filing counter affidavit. Thereafter again on 03.04.2019 two weeks' further time was granted but till today no counter affidavit has been filed.
Learned Standing Counsel has drawn our attention to the instructions/letter dated 02.04.2019 issued by the Collector, Lucknow wherein it is stated that the land in question is Nazul land and for declaring the said land as free hold the competent authority is the Lucknow Development Authority, therefore his application annexed alongwith the writ petition is not maintainable.
Perusal of page 21 and 22 of the writ petition shows that in the year 2012 also an application was filed before the District Magistrate,LUcknow and Vice Chairman, Lucknow Development Authority. As the competent authority before whom the application can be filed is the Lucknow Development Authority, therefore two weeks' time is granted to the learned counsel for the petitioner to file an appropriate application for impleadment of Lucknow Development Authority as a party.
List thereafter."
It is not in dispute that land in question is Nazul land and for declaring the said land as free hold, the competent authority is the Lucknow Development Authority.
In view of the above, we direct the respondent nos. 3 and 4 to consider the application of the petitioner for declaring Khasra No. 280 situated at Nagariya, Tehsil Sadar, Lucknow as free hold and make an earnest endeavour to decide the same, in accordance with law, expeditiously, say, within a period of two months from the date of receipt of a certified copy of this order.
With the aforesaid, the writ petition stands disposed of.
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(Jaspreet Singh, J.) (Pankaj Kumar Jaiswal, J.) Order Date :- 29.8.2019 Ajit/-