AMAR NATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Rahul Mishra, learned counsel for the petitioner, Shri Prabhakar Vardhan for the respondent no. 7, Shri Ramesh Chandra Upadhyay for the Gaon Sabha, respondent no. 6 and learned Standing Counsel for the State-respondents.

(2.) The petitioner has sought a mandamus directing the State of U.P., respondent no. 1, to sympathetically consider the petitioner's application under Section 101 of the U.P. Revenue Code, 2006, for exchange plot no. 189 area 0.091 hectare situated in Village Batauli Ibrahimpur, Pargana and Tehsil Sagri, District Azamgarh, which land is recorded in the revenue record as a pond, with plot no. 31 area 0.531 hectare, which is stated to be the bhumidhari land of the petitioner.

(3.) It appears that an application for exchange was filed because the petitioner appears to have constructed a house over land which is recorded as a pond, unauthorizedly, and now wants to exchange this area with his bhumidhari land.