ABDUL SALAM Vs. BOARD OF REVENUE AND OTHERS

JUDGEMENT

(1.) An application for exchange of certain plots of the petitioner with those of the Gaon Sahba was filed by the petitioner. On 11.1.1995 a resolution was passed by the Gaon Sabha for exchange of plots No. 610 Kha, 776 Ka, 776 Kha, 773 Ka and 531. The Lekhpal submitted a report recommending the exchange. Statements of the Pradhan of the Gaon Sabha and of the Lekhpal were also recorded. They supported the exchange. By the order dated 17.6.1995, the Sub Divisional Officer allowed the exchange. Thereafter an application for recall of the order of the Sub-Divisional Officer dated 17.6.1995 was filed by respondents 5 and 6 on the ground that in respect of one of the plots 610 Kha they have obtained a decree in their favour from the Civil Court. The Sub-Divisional Officer by his order dated 24.10.1996 allowed the recall application. The petitioner filed a revision against the order. The Additional Commissioner made a recommendation to the Board of Revenue that the revision of the petitioner be allowed. However, by its impugned order dated 9.2.2000, the board of Revenue dismissed the revision. The present writ petition has been filed against this order of the Board of Revenue.

(2.) Time was granted repeatedly to the Gaon Sabha respondent No. 4 to file counter affidavit but no counter affidavit was filed and on 13.2.2003. Sri V.K. Singh Counsel for the Gaon Sabha was granted two weeks' time and no more to file the counter affidavit but the same has not been filed.

(3.) Heard Sri K.S. Chauhan Counsel for the petitioner and Sri V.K. Singh Counsel for the respondent No. 4 Gaon Sabha. Sri K.S. Chauhan Counsel for the petitioner submitted that the decree in favour of the respondents 5 and 6 has been declared to be null and void by the Civil Court by its judgment dated 12.3.2001 and the said judgment has become final and there exists no valid reason to refuse exchange.