KHACHERU Vs. BOARD OF REVENUE

JUDGEMENT

(1.) KRISHNA Murari, J. Heard Sri K. R. Sirohi, learned senior counsel assisted by Sri B. K. Pandey appearing for the petitioner and Sri M. K. Tripathi, appearing for the contesting respondent No. 5.

(2.) BY means of this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ of certiorari to quash the order dated 22. 3. 1993 passed by Board of Revenue allowing the second appeal filed by respondent No. 5 arising out of the proceedings under Section 161 of U. P. Zamindari Abolition and Land Reforms Act {for short the 'act')

(3.) SUB-Divisional Officer though found that Gaon Sabha has passed a resolution for exchange and the difference in land revenue of the two land sought to be exchanged was less than 10 per cent and the exchange was duly recommended by the Supervisor Kanoongo vide report dated 16. 8. 1991, yet refused to grant permission to the exchange on the ground that the land reversed for public purpose, could not have been given in exchange. Lower appellate court allowed the appeal on the ground that since 'abadi' has developed around the land which was reserved for manure pits and there is not much difference in the land revenue of the two lands sought to be exchanged and the exchange is for the benefit of the tenure holders of the village at large. Board of Revenue held that since the land is not vested in the Gaon Sabha under the provisions of Section 117 of the Act but it was vested under Section 29c of the Consolidation Act as land reserved for public purpose and it can only be utilised for the purpose for which it has been earmarked in the consolidation operation as such the exchange is not permissible.