DESH RAJ SINGH Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) An order was passed on 31.5.2007 permitting exchange of plots between the petitioner and respondent Nos.3 and 4. It appears that after 10 months of the passing of the order, respondent No. 4 represented by Sri Neeraj Kumar Srivastava filed an application for restoration on the ground that the order was ex parte to him and that he had no knowledge of the said proceedings.

(2.) It appears that the said application was allowed by the impugned order on another ground, namely, that respondent No. 4 is of Scheduled Caste and therefore, such a transfer by way of exchange under section 161 of the U.P.Z.A. and L.R. Act (hereinafter referred to as the 'Act') was impermissible in law.

(3.) The Sub Divisional Magistrate relied on section 157-A of the Act and came to the said conclusion. He further found that since the exchange amounted to a transfer, therefore, stamp duty had not been properly paid thereon and accordingly recalled the order dated 31.5.2007. The petitioner preferred a revision which has been dismissed reiterating the same stand taken by the Sub Divisional Magistrate.