Reserved on 10.11.2020
In Chamber
Delivered on 07.01.2021 Case :- WRIT - C No. - 18203 of 2020 Petitioner :- Gayatri Multi Services Pvt. Ltd. Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Vikrant Rana Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Anjani Kumar Mishra,J.
In this writ petition, judgment was reserved on 10.11.2020 granting liberty to the petitioner to file written argument, in case he so desired within two weeks. No written argument has been filed.
I had heard learned Standing Counsel as also Shri Azad Rai, who appeared for the Gaon Sabha, concerned.
By means of this writ petition, the petitioner, which is a private limited company involved in construction and development of residential plots, flats in an around district Meerut has sought a direction commanding the respondents to grant permission to petitioner's application for exchange, certain land of the Gaon Sabha with petitioner's plot no. 566 measuring 1.477 hectares situated in village Mehrauli, Pargana Tehsil and District Meerut.
A direction has also been sought commanding the respondents not to dispossess the petitioner from a number of plots including plot nos. 419, 421/1, 423/1, 424/2, 426/2, 428/4, 432, 434/7-M, 438/5-M, 401/7-M, 409/1, 442/4 and 390/4. It appears that the petitioner has filed the application for exchange under Section 101 of the U.P. Revenue Code, 2006 read with Rule 101 of the Rules framed thereunder seeking exchange of his plot with 14 plots of the Gaon Sabha, which are situated in village Mehrauli, Pargana Tehsil and District Meerut. The application for exchange is stated to have been filed on 20.04.2017. This application has been filed after a notice under Rule 115D(3) of the U.P. Zamindari Abolition and Land Reforms Act was issued to the petitioner regarding plot nos. 419, 421/1, 423/1, 424/2, 426/2, 428/4, 432, 434/7-M, 438/5-M, 401/7-M, 409/1, 442/4 and 390/4.
It appears that the aforesaid plots were within the boundary of a colony allegedly developed by the petitioner namely Gayatri Estate Colony Bye Pass Road, District Meerut. It has also been averred in the writ petition that the petitioner was not aware that these plots belonged to the Gaon Sabha.
On 28.08.2018, an order for eviction was passed against the petitioner. Damages were also imposed. The order is alleged to have been set aside on 28.08.2018 and the matter was remanded back for fresh consideration. After remand the proceedings for eviction of the unauthorized occupant namely the petitioner are stated to be pending and have not been decided finally. It is in this factual background that the application for exchange has been filed by the petitioner and the direction has been sought as noticed above.
It has also been averred in the writ petition that favourable reports have been submitted but the proceedings for exchange have not been finalized.
The alleged favourable reports do not specify the revenue entries as regards the various plots of the Gaon Sabha sought to be obtained in exchange by the petitioner. It has also been stated that the land of the Gaon Sabha sought to be exchanged is in small peaces. This by itself cannot be a ground for permitting exchange. In any case, the petitioner is an unauthorized occupant of Gaon Sabha and the proceedings initiated for its eviction are liable to be concluded as expeditiously as possible. However, in the absence of requisite details, the prayer made in the writ petition cannot be granted.
Moreover, it is writ large on the face of the record that the instant writ petition is nothing but an attempt by the petitioner to wriggle out of the proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, instituted for its eviction from Gaon Sabha property.
In view of the foregoing, this Court does not consider it expedient to issue the direction prayed for.
The writ petition is accordingly, dismissed.
Order Date :- 07.01.2021 Mayank