Court No. - 6
Case :- WRIT - C No. - 42118 of 2019 Petitioner :- Rajai Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Harish Kumar Tripathi,H.K Asthana Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list none has appeared for the petitioner to press the writ petition.
I have heard learned Standing Counsel.
By means of this writ petition, the petitioner has sought directions for a disposal of his application under Section 101 of U.P. Revenue Code, 2006 for exchange of land recorded as pond.
It appears that order has been passed for eviction of the petitioner from land recorded as pond. He has therefore sought to exchange his land with the land of the Gaon Sabha from which he has been ordered to be evicted, namely land recorded as pond. The provision of Section 101 of U.P. Revenue Code, 2006 in so far as, pertain to exchange of a land public utility concerned has been constituted by this Court in the judgment passed in Writ C No. 26070 of 2019 (Amar Nath Singh Vs. State Of U.P. And 6 Others) on 20.08.2019. It has been held that proviso of Section 101 of U.P. Revenue Code, 2006 which empowers the State Government to permit exchange, even of land of public utility, is not to be exercised and in this regard a general mandamus has already been issued In the instant case, the petitioner is claiming exchange of land of public utility recorded as pond which in the aforementioned facts and circumstances and the judgement referred to above is not permissible.
Under the circumstances, the relief prayed for in the writ petition, on the submissions of learned counsel for the petitioner, cannot be granted.
The writ petition is, therefore, dismissed.
Order Date :- 18.12.2019/AKT