Hon’ble Mrs. Sunita Agarwal, J.—Heard Shri Shashi Nandan, learned Senior Advocate assisted by Shri Santosh Kumar Srivastava, learned counsel for the petitioner, Shri Pradeep Kumar Tripathi, learned Advocate holding brief of Shri M.C. Tripathi, learned counsel for the respondent No. 1 and the learned Standing Counsel for the respondent No. 2.

2. Present writ petition has been filed challenging the order dated 28.1.1995 passed by the Sub-Divisional Magistrate Kanpur, order dated 24.8.95 passed by the Commissioner Kanpur Division, Kanpur and order dated 4.11.2003 passed by the Board of Revenue, Lucknow.

3. The brief facts of the case are that land in dispute,namely, Khasra Nos. 824, 825, 826, 827, 828, 829 and 832 measuring area 47 Bigha ten Bishwa situated in village Daneli Sujanpur, Village Mohal Chandrikprasad, Teshil and Pargana Kanpur was originally a ‘Sirdari’ land of one Smt. Shakuntala Devi. Smt. Shakuntala Devi acquired Bhumidhari rights by depositing ten times of the land revenue on 28.11.1952. Smt. Shakuntala Devi executed a sale-deed dated 31.3.1953 in respect of land in question in favour of one Shri Shamsher Singh Sarraf,which was registered on 1st April 1953. Shri Shamsher Singh Sarraf moved an application on 3.9.1962 under Section 143 of U.P. Z.A. and L.R. Act (hereinafter referred to as the ‘Z.A. Act’) for declaration of land as Abadi. The land was declared as Abadi by order dated 31.7.1963 passed by the Assistant Collector Ist Class,incharge,Kanpur Sub-Division, Kanpur in Misc. case No. 148 of 1962. The declaration under Section 143 of Z.A. Act has been registered with Sub-Registrar on 7.9.1963 under the Registration Act as per provision of Section 145 of Z.A. Act. Copy of the declaration made in favour of Shri Shamsher Singh Sarraf is on record as annexure -1 to the Writ Petition. Shri Shamsher Singh Sarraf vide sale-deed dated 28.2.1970 registered on 15.5.1970 transferred and handed over possession of the land in dispute in favour of petitioner-society. After purchasing the said plots, Society submitted layout plan for the purpose of development to the Kanpur Development Authority. For the purposes, the development work to be carried out, the petitioner-society had entered into an agreement with Kanpur Development Authority and deposited sum of Rs. 9 lacs as demanded by it.

4. The case of the petitioner is that despite land having been declared as Abadi land and copy of the order dated 31.7.1963 was forwarded to the Tahsildar for Amaldaramad in village record, corresponding entries in the revenue record were not made. Petitioner-society under mistaken advice moved an application for mutation of its name in place of Shri Shamsher Singh Sarraf, who had executed sale-deed in favour of petitioner society. The application for mutation moved by the petitioner-society was rejected by the Sub-Divisional Officer and revision was also dismissed by the Additional Commissioner, Allahabad Division, Allahabad on the ground that after declaration under Section 143 of Z.A. Act, land in question is no longer “land” used for agriculture or allied purposes, therefore, the land being exclusively used for purposes of Abadi, mutation under Section 34 of the Land Revenue Act cannot be executed. The order in revision was passed by the Additional Commissioner II, Allahabad Division, Allahabad on 30.5.1972.

5. On 12th May, 1993 an ex parte order was passed in a case registered under Section 34/35 of the Land Revenue Act, suo motu by the Naib Tahsildar, Kanpur Nagar. The case was registered as case No. 23 of 1992. By the said ex parte order, on the basis of statement of Lekhpal, the land was recorded in the name of Kanpur Development Authority in the revenue record. It was mentioned in the order dated 12.5.1993 that the tenure holder Shri Shamsher Singh Sarraf died issueless and on the basis of objections filed by the Kanpur Development Authority entries were directed to be made in its name. As soon as petitioner came to know ab