Court No. - 36
Case :- WRIT - B No. - 3160 of 2018 Petitioner :- Rajaram Respondent :- Board Of Revenue And 5 Others Counsel for Petitioner :- Achchhey Lal Tiwari Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav,Rahul Kumar Tyagi,Rajeev Kumar Saini
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and Sri Manoj Kumar Yadav and Sri Rahul Kumar Tyagi, learned counsels for the respondents.
The present writ petition is directed against the remittal order dated 8.11.2017 passed by the Board of Revenue, U.P. It appears that the dispute was raised with regard to exchange of certain land under Section 161 of U.P.Z.A.&L.R. Act. The proceedings have been initiated on the complaint filed by the petitioner herein. The Board of Revenue has set aside the revisional order dated 6.11.2012 wherein the revision was allowed on the ground that the exchange of public utility land identified for one purpose cannot be permitted for another public purpose.
The Board of Revenue has recorded that the exchange was with regard to certain lands which were identified for different public purposes vested in the Gram Sabha. The competent authority was having jurisdiction to order for exchange looking to the convenience and utility of the land in question. This aspect of the matter has not been examined by the Commissioner and hence while setting aside the order dated 6.11.2012, the matter has been remitted back to the Commissioner for fresh consideration. The petitioner herein is merely a complainant. He has triggered the gun and now the matter is within the domain of the Revenue authorities. Reference may be made to the judgment of this Court in Sardar Singh vs. Disrict Magistrate, Meerut reported in LAWS (ALL) 2001 (11) 69.
It is well settled that the complainant has no right to pursue the matter and that the writ petition at the instance of the complainant is not maintainable. The writ petition is, accordingly, dismissed.
However, in view of the directions of the Board of Revenue, the Commissioner would be under obligation to proceed with the matter in accordance with law.
Order Date :- 30.3.2018 Brijesh