Hon'ble Rajesh Singh Chauhan,J.
Although we have passed an order on 30.07.2018 requiring the learned counsel for the respondents to obtain instructions in the matter on the basis of the facts as placed before us on the said date.
Today, a supplementary affidavit has been filed by Sri Kshemendra Shukla, learned counsel for the petitioner annexing along with it a copy of award dated 12.02.1985, a copy of the judgment dated 24.11.1990 passed in a suit under Section 229-B of U.P. Zamindari Abolition & Land Reforms Act, 1951 in Case No.23/39/54/112/120, between Hardei vs. Chandra Sekhar, further a copy of communication given by the Collector, Lucknow to the Secretary, Lucknow Development Authority dated 16.07.1992. The supplementary affidavit is taken on record.
On the other hand, learned counsel for the respondents, namely, Sri Mukund Tiwari for the Lucknow Development Authority and Sri Manish Mishra, learned Standing Counsel for the State-respondents have submitted that the respondents would require sometime to place the relevant material on record, which will go to show that the said land actually belong to the Gaon Sabha and the decree of declaration was inter se between private parties without impleading either the Lucknow Development Authority or the Nagar Mahapalika, Lucknow, which was claiming independent right and compensation. Further material relating to the suit also need to be brought on record. It is also stated by Sri Mukund Tiwari, learned counsel for the Lucknow Development Authority that an application for recall of judgment dated 24.11.1990 in the declaratory suit referred to above is also being moved by the Lucknow Development Authority.
We, accordingly grant three weeks' time to the learned counsel for the respondents to file their respective counter affidavits.
List immediately after three weeks.
Order Date :- 30.8.2018 Suresh/ [Rajesh Singh Chauhan,J.] [Vikram Nath,J.]