Court No. - 46
Case :- WRIT - C No. - 15437 of 2019 Petitioner :- Anjali Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dheeraj Kumar Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Saral Srivastava,J.
Heard Sri Dheeraj Kumar Yadav, learned counsel for the petitioner, Sri Ramesh Chandra Upadhyay, learned counsel for Gaon Sabha and Sri Ram Lakhan, learned Standing Counsel for the State.
The case of the petitioner is that he has purchased a plot no. 1720 rakba 42 Kari, situated in village Indira Adari, Tehsil Sadar, Pargana Ghosi, District Mau.
According to the petitioner she has constructed the house over plot no. 1720 and some portions of the constructed house is lying over plot no. 1721. He submit that plot no. 1721 is reserved for the purpose of school, but on said plot, no school is constructed till date. The petitioner has submitted an application dated 08.04.2019 under Section 101 of the U.P. Revenue Code before the respondent no. 3, Sub Divisional Magistrate,Tehsil Sadar, District Mau, for exchange of her plot. He submits that under Section 101 of the U.P. Revenue Code 2006 read with Rule 102 (4) of the U.P. Revenue Code Rules 2016 (hereinafter referred as the 'Rules 2016') is that the power of State Government is conferred the power to grant permission for exchange of land of public utility in the interest of public utilities.
Learned Standing Counsel submitted that only the State Government under Rule 102 (4) of 2016 is conferred under the power to grant permission to exchange public utilities land. In the present case, it would be appropriate that appropriate direction may be issued to respondents authority to take decision on the application filed by the petitioner before the Sub Divisional Magistrate for exchange of land.
Considering the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with a direction to the respondent no. 3 Sub Divisional Magistrate, Tehsil Sadar, District Mau, to refer the matter to the State Government as per Rule 102 (4) of the Rules, 2016, within a period of one month from today. The State Government/competent authority shall, thereafter, take a decision on the application of the petitioner for exchange of land within two months.
The writ petition is disposed of with the aforesaid observation, .
Order Date :- 29.5.2019 v.k.updh.