Abhinava Upadhya, J. - (1.) THIS is an application for recall of the order dated 6.11.06, by means of which, the writ petition has been dismissed by a Division Bench of this Court after observing that the construction of the Airport approach road in Lakhimpur Kheri from the existing road, has already been completed as per the information given by the Standing Counsel.
(2.) THE writ petition was of the year 1996, in which counter affidavit was filed by the State in the year 1996 itself, but no rejoinder affidavit has been filed by the petitioners. THE counsel for the petitioners also did not appear on the date fixed. The Division Bench passed the aforesaid order as per the statement given by the learned Standing Counsel, which appears to have been made on the basis of the allegations made in the counter affidavit, particularly in paragraphs 14 and 15 of the counter affidavit. Learned counsel for the State Sri Krishna Chandra has rightly objected to the prayer for recall of the order, saying that the petitioners did not file any rejoinder affidavit to the counter affidavit, which was filed in the year 1996 itself and the statement of the Standing Counsel was based on the averments made in the counter affidavit, which cannot be rebutted nor can be allowed to be rebutted by moving an application for recall of the order alongwith the supplementary affidavit filed today. He further says that the application for recall of the order would not be maintainable in the facts and circumstances of the case where the Court has decided the dispute basing its observation on the pleadings of the parties.
(3.) THIS application of recall has been mainly moved on the ground that the information given by the Standing Counsel that the Airport approach road has been constructed was not correct. In support of the aforesaid plea, in the supplementary affidavit filed today, certain correspondence, namely, the letter dated 5.7.2008 written by the Additional District Magistrate, Kheri to the Sub Divisional Magistrate, Balia and Executive Engineer, Public Works Department, saying that the incomplete work of the approach road be completed.;