- (1.) THE petitioners are 26 in number and have assailed the resumption order dated 28.12.2006 passed by the Commissioner, Meerut Division, Meerut (Respondent No. 2 (Annexure No. 9 to the writ petition) whereby the khaora numbers given in the list have been resumed by the State with a provision to pay compensation.
(2.) ACCORDING to Sri S.K. Misra, learned counsel for the petitioners the Land Management Committee, Chhitra, district Gautam Buddh Nagar passed a resolution dated 31.7.1997 for leasing certain land for agricultural purpose to the petitioners and other persons on the ground that they were poor landless agricultural labourers and belonged to the Scheduled Caste communities. The resolution dated 31.7.1997 was approved by the Deputy Collector, Dadri on 20.8.1997 and the petitioners allege to have been handed over possession in the month of September, 1997. They state that the (lease) pattas of land to the respective petitioners are of less than 3.125 acres. It is stated that the proceedings for cancellation of patta of the petitioners were initiated on a complaint made by one Sri Pitamber Sharma, District President, Bhartiya Kishan Sangh, Gautam Buddh Nagar, which was registered as Case No. 1 of 2002 before the Additional Collector, Gautam Buddh Nagar. It is stated that an ex parte order dated 14.9.2005 (Annexure No. 1 to the writ petition) was passed where against the petitioners and other leasees filed restoration application which was dismissed on 13.11.2006, hence the petitioners filed revision against both the aforesaid orders and the Commissioner, Meerut Division, Meerut by his order dated 31.8.2007 set aside the ex parte order dated 14.9.2005 and remanded the matter back to the Additional Collector (Finance and Revenue) Gautam Buddh Nagar. The petitioners contend that the Respondent No. 6 namely M/s. Shiv Nadar Foundation moved an Impleadment Application in the case claiming to be allottee of the land but the same was rejected on 27.7.2009. The Respondent No. 6 appeared to have filed a revision which was also dismissed on 1.2.2010 by the Commissioner, Meerut Division, Meerut. The Respondent No. 6 then filed Writ Petition No. 11544 of 2010 which is pending before this Court and wherein an interim order of status quo with regard to possession and nature of the land was passed on 9.3.2010. The petitioners contend that in view of the interim order dated 9.3.2010 obtained by the Respondent No. 6 he started forcibly raising construction over the land and the petitioners had to file Contempt Petition No. 2355 of 2010 wherein notices were issued which compelled the Additional Collector (Finance and Revenue) Gautam Buddh Nagar to issue an order dated 3.6.2010 for stopping the construction work. The Respondent No. 6 feeling aggrieved against that order filed a Writ Petition No. 35091 of 2010 wherein an interim order dated 14.6.2010 (Annexure No. 7 to the writ petition) was granted and the Respondent No. 6 was permitted to continue the construction activities.
(3.) THE petitioners allege to have assailed the interim order dated 14.6.2010 by filing Special Appeal No. 604 of 2010 which was allowed on 28.6.2010 (Annexure No. 8 to the writ petition) and the interim order dated 14.6.2010 passed by the learned Single Judge granting stay was set aside. According to the petitioners, during all these proceedings they had no knowledge that an order dated 28.12.2006 had been passed by the Commissioner resuming the land by the State Government. The petitioners have explained the laches in filing the writ petition in that manner to say that they came to know about the resumption order dated 28.12.2006 when counter-affidavit was filed by the Respondent No. 6 in Contempt Petition No. 2355 of 2010.;