NARENDRA KUMAR Vs. BOARD OF REVENUE U.P.

JUDGEMENT

(1.) This writ petition has been filed seeking quashing of the order dtd. 23/2/2021 passed by the Board of Revenue, U.P., Allahabad in Revision no.1124 of 2017. Also the order dtd. 24/4/2017 passed by the Sub-Divisional Officer is sought to be quashed by which application for exchange of land has been rejected.

(2.) The petitioners claim to the Bhumidhar of plot No.17 ad-measuring 0.357 hectare and Plot No.19 ad-measuring 0.092 hectare. Both the aforesaid plots of land are stated to be recorded as grove land. It is stated that plot No.18 ad-measuring 0.104 hectare is recorded in the name of a school 'Purv Madhyamik Vidyalay, Mauza- Tarsara, Pargana- Hasangarh, Tehsil- Iglas, District- Aligarh'. Other than that plot, plot no.21 having an area of 0.057 hectare is also recorded in the name of the aforesaid school.

(3.) It is stated that the building of the school was constructed long back on plot no.19, which is the plot belonging to the petitioners, instead of plot No.18. Therefore, under the provisions of Sec. 101 of the U.P. Revenue Code, 2006 [Code, 2006], the petitioners filed an application on 11/3/2016 before the Sub Divisional Officer for exchange of plot no.19 with plot no. 18 in terms of the prayer made in the application. A report of the Tahsildar/Lekhpal was called for, in which report it was stated that the circle rate and the nature of land of both the plot nos.18 and 19 are the same. However, by the impugned order dtd. 24/4/2017, the Sub-Divisional Officer rejected the application for exchange. Against the aforesaid order the petitioners filed a revision before the Board of Revenue which was dismissed by the order dtd. 23/2/2021.