RAMBALI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri P.K.S. Paliwal alongwith Sri Harindra Prasad learned counsel for the petitioners and Sri Rajesh Kumar, learned Standing Counsel appearing; for the State respondents. Through this writ petition, the petitioners have prayed for issuing a writ of mandamus directing the Sub-Divisional Officer Sagri District Azamgarh to decide the application dated 25.11.2011 (Annexure 3 to the writ petition). The aforesaid application appears to have been filed under Section 161 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (herein after referred to as the Act) for exchange of Plot No. 311 area 0.020 hectare Khata No. 538 situated in village and post Bankatia, tehsil Sagri District Azamgarh which is recorded as manure pit with Plot No. 289 Khata No. 79.

(2.) Sri P.K.S. Paliwal, learned counsel for the petitioners contends that the Sub-Divisional Officer is statutorily bound to decide his application for exchange of the land with the Gaon Sabha in. view of the provisions contained under Section 161 of the Act read with Rules 144 and 145 of the U.P. Zamindari Abolition and Land Reforms Rules, 1952 (herein after referred to as the Rules).

(3.) For appreciating the controversy involved in this case, the provisions relating to exchange of land belonging to a bhumidhar from another bhumidhar, as contained under Section 161 of the Act, as well as the Rules 144, 145, 146 and 147, of U.P. Zamindari Abolition and Land Reforms Rules, 1952 would be necessary to be looked into, which are reproduced hereinunder: