SHISHIR KUMAR,J. - (1.) THE present writ petition has been filed quashing the order dated 20.8.2008 passed by Sub Divisional Officer, Dadri, District Gautam Budh Nagar and to allow the application and declare Khasra Nos. 307/2, 308/1, 309/2, 329/1, 330, 334 to 336/1, 337/1, 338/1, 339/3, 340 to 385, 412, 414 to 416, 418 to 419 in village Ilhabas, Pargana and Tehsil Dadri, District Gautam Budh Nagar as non-agricultural, abadi land within the meaning of Section 143(1) of Zamindari Abolition & Land Reforms Act.
(2.) THE facts arising out of the present writ petition are that petitioner is engaged in developing residential colony over Khasra mentioned above in the village Ilhabas, Pargana and District Dadri, District Gautam Budh Nagar (earlier known as District Ghaziabad) in the name of M/s Seedheshwari Promoters and Builders Pvt. Ltd. Petitioner purchased the land for converting it into residential colony through various registered sale deeds after obtaining due clearance from the concerned authorities, including Collector, Ghaziabad as early as in 1988-89. Copies of the certificates have been filed as Annexure 1 to writ petition. The Tehsildar, Dadri has given a certificate to that effect that land in question was out of consolidation operation. Petitioner moved an application before the Deputy Collector, Gautam Budh Nagar which was registered as Case No.45/1989 under Section 143 of U.P. Zamindari Abolition and Land Reforms Act to declare the use of the said land purchased by petitioner to be residential and not connected with agriculture, horticulture, etc. Report was called for from Tehsildar Dadri who submitted a report stating therein regarding development of residential colony 'Vikrant Vihar' is being done over the plots in question and, therefore, they may be declared as non-agricultural abadi land under Section 143 of the Act. In spite of aforesaid reports submitted by Tehsildar, Sub Divisional Officer Dadri dismissed the said application vide its order dated 20.6.1989. Petitioner preferred an appeal before the Collector Ghaziabad. During this period, petitioner has also submitted residential lay out plan in view of the order passed in Writ Petition No.5618 of 1990 permitting petitioner to carry out developmental work from the land in question for its proposed colony i.e. 'Vikrant Vihar'. Petitioner was again directed to submit lay out plan of his residential colony to Noida Authority for its consideration and approval in accordance with by laws and the master plan which was in force on 4.6.1990. In pursuance of the aforesaid, plan was submitted but no order has yet been passed and petitioner has agitated the matter before the Court by filing a writ petition for adjudication.
(3.) THE aforesaid land stood changed from agricultural to non-agricultural since 1988-89 which was also permitted by this Court as early as 4.6.1990. For the past 20 years, there has been no agriculture or horticulture or any related activities on the land in question and the same is being used as residential abadi land. It has been developed as residential colony and hundreds of residential plots have already been transferred to various plot holders with the permission of this Hon'ble Court. Petitioner moved a revision along with the said application before the Board of Revenue, Lucknow which was dismissed then petitioner preferred a Writ Petition No.3766 of 2007 which was finally heard by this Court and after hearing both the parties, writ petition was allowed quashing the order dated 20.6.1989 passed by Sub- Divisional Officer, Dadri District Gautam Budh Nagar under Section 143 of the U.P. Zamindari Abolition and Land Reforms Act and has directed the Sub- Divisional Officer concerned to pass appropriate orders in accordance with law under Section 143 of the Act within a period of six weeks. In compliance with the order passed by this Court, petitioner moved an application before the opposite party No.2 and on an application report was called for from Tehsildar Dadri, who in turn has submitted a detailed report under Rule 135 of Zamindari Abolition and Land Reforms Rules on 2.11.2007 which clearly indicates that total land of petitioner on spot is being identified and was found in possession of petitioner. Further it was found that same has not been used for any agricultural purposes for last so many years. It has also been pointed out in the report that it is being used for non- agricultural purpose consisting of roads and building etc. Despite the aforesaid report submitted by Tehsildar, the matter was not disposed of by respondent no.1 then a contempt petition was filed and notices were issued to show cause and immediately after receipt of notice, respondent No.1 has passed an impugned anti-dated order on 28.8.2008 and dismissed the application filed by petitioner under Section 143 clearly in violation of the order of this Court and ignoring the report submitted by the tehsildar.;