RAKESH TIWARI, J. - (1.) HEARD counsel for the petitioner and perused the record.
(2.) THIS writ petition is directed against the orders dated 18 -1 - 2001 and 30 -3 -2000 passed by the Commissioner (Administration), Gorakhpur Division, Gorakhpur and the Sub -Divisional Magistrate, Bhatpar Rani, District Deoria respectively. The facts giving rise to this writ petition are that during consolidation operation in the village plot No. 236 measuring 13 decimal was reserved for Khalihan purposes. The petitioner was allotted a Chak over plot No. 212 measuring 15 decimal with the valuation of 22 paise. The petitioner proposed to the Land Management Committee for exchange of plot No. 212 with plot No. 236 in front of his house. The Land Management Committee passed a resolution for exchange of the land of Khalihan with plot No. 212 belonging to the petitioner. It was further resolved that the petitioner may also seek permission of the Sub -Divisional Magistrate under Section 161 of the U.P. Zamindari Abolition and Land Reforms Act.
(3.) THE petitioner thereafter moved the application before respondent No. 2 under Section 161 of the Act which was registered as case No. 51 of 1995. A report was also submitted by the Land Revenue Inspector on 24 -3 -1995 stating that the difference in the rental valuations of the two plots is less than 10 per cent. By order dated 25 -7 -1995 respondent No. 2 allowed the application of the petitioner for exchange of the plots and directed for correction in the relevant records accordingly. Consequently the petitioner was recorded as Bhumidhar of plot No. 236 in the revenue records and he took possession of the same.;