Court No. - 1
Case :- WRIT - C No. - 25147 of 2020 Petitioner :- Rampher Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikrant Pandey,Ram Mani Upadhyay Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Vivek Agarwal,J.
Sri Sharad Sharma, learned counsel for the petitioner submits that this petition has been filed to assail the order dated 22.7.2020 passed by the Additional District Magistrate (Finance and Revenue), Basti whereby an application for exchange of land moved under Section 101 of U.P. Revenue Code, 2006 has been declined by the said Authority.
Learned counsel for the petitioner submits that his house is constructed prior to 1975 and to get such construction regularised, he sought exchange of his land with one of the most expensive land in his possession, but said exchange has been arbitrarily denied.
Sri G.S. Chauhan, learned standing counsel for the State submits that in the garb of exchange petitioner is trying to get his illegal construction regularised which is not permissible under the eyes of law, and therefore, the Additional District Magistrate has rightly recorded that the State has taken a decision to evict the encroachers and bring the encroached land of the State to its normal and usual form. This decision of the State cannot be faulted with.
After hearing learned counsel for the parties and going through the record and the provisions contained in Section 101 of U.P. Revenue Code, 2006, it is apparent that there is no provision of exchange except for consolidation of holdings or securing convenience in cultivation. There is no provision for permitting the exchange to regularise the encroachment made by the parties seeking exchange.
In view of the such fact, it is settled law that this petition is devoid of merit and deserves to be dismissed and is dismissed.
Order Date :- 8.1.2021 Arif