OM PRAKASH SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for Gaon Sabha and the learned Standing Counsel.

(2.) Petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the order dtd. 12/10/2020 passed by the Board of Revenue (Respondent no.2) in Revision No. 3097 of 2018 and the order dtd. 30/10/2018 passed by the Sub Divisional Officer (Respondent no.3) in Case No. 09244 of 2018 in a proceeding for exchange of land under Sec. 101 of the U.P. Revenue Code, 2006 (in brevity the Code, 2006).

(3.) Facts culled out from the pleadings of the parties are that plot no.524 area 0.150 hectare and plot no.523 (kha) area 0.053 hectare, belongs to the Gaon Sabha (Respondent no.4), are situated adjacent to a school namely Nageshwar Prasad Shyam Sunder Shikshan Sanstha allegedly run by the petitioners. Considering the suitability of the aforesaid plots to be used as a playground for school children, the petitioners, who are the recorded tenure holders of plot no.318 area 0.466 hectare situated in Village Suichak, Tehsil Rajatalab, District Varanasi, have moved an application dated 15/17/5/2017 (Annexure-4) under Sec. 101 of the Code, 2006, requesting for exchange of their plot no.318 area 0.203 hectare (out of total area 0.466 hectare) with the plots of the Gaon Sabha i.e. plot nos. 524 and 523(Kha). The Gaon Sabha, in turn, has passed resolution dtd. 4/6/2017 (Annexure-3) accepting the proposal of the petitioners for exchange of the land, as mentioned above. It appears that on the application for exchange, the Tehsil authorities have submitted their report thrice in favour of exchange which are annexed as Annexures-5, 6, 7 & 8 respectively. During pendency of the application for exchange, an objection dtd. 27/6/2018 (Annexure-9) purported to have been filed on behalf of Gaon Sabha through the Standing Counsel (Revenue). The petitioners have filed their replication dtd. 25/7/2018 (Annexure-10), inter alia, raising the question of maintainability of the aforesaid objection dtd. 27/6/2018.