Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Vijay Kumar Rai, for the petitioner. Standing Counsel, for State of U.P. and Sri Manoj Kumar Yadav, Standing Counsel for Gram Panchayat. This writ petition has been filed for quashing the orders of Sub -Divisional Officer dated 11.6.2012 and Board of Revenue U.P. dated 19.9.2013, arising out of proceeding under section 161 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).
(2.) LAND Management Committee of Gram Panchayat Susuwahi, pargana Dehat Amanat, district Varanasi (respondent -3) passed a resolution dated 17.8.2011 for construction of building for "Sarva Shiksha School" on plot 1995 (area 0.111 hectare). This plot was low level land and used to fill up with water in rainy season as such Sub -Divisional Officer did not find it suitable to construction of school building and by order dated 30.03.2012 rejected the resolution. Plot 2012/2 (area 0.083 hectare) belonging to the petitioner situates by the side of plot 1995 and its level is five feet high from plot 1995 and was found suitable for construction of school building by Land Management Committee. Thereafter, Chairman and Members of Land Management Committee persuaded the petitioner for exchange of plot 2012/2 (area 0.083 hectare) from plot 1995 (area 0.111 hectare) and 595/3 (area 0.041 hectare), which were recorded as 'naveen parti' in the revenue record and vested in Gram Panchayat. Land Management Committee passed a resolution dated 4.4.2012, in respect of the aforesaid exchange. Respondent -3 filed an application (registered as Case No. 18 of 2012) under section 161 of the Act, for exchange of the aforesaid plots. Sub -Divisional Officer called for a report from Tehsildar. Revenue Inspector submitted a report dated 21.4.2012 that rental valuation at the hereditary rate of plot 1995 was of the rate of Rs. 10/ - per acre, of plot 595/3 was of the rate of Rs. 16.74 per acre and of plot 2012/2 was of the rate of Rs. 20/ - per acre. Variation of valuation of the aforesaid plots were within 10%, which is within permissible limits as prescribed under the Rules and recommended for accepting the exchange. This report has been forwarded by Tehsildar with his endorsement dated 28.4.2012.
(3.) BEFORE Sub -Divisional Officer, statement of Amarjeet Singh, Pradhan and Ram Sewak Singh, the petitioner were recorded on 8.5.2012, in which they gave their consent for exchange. Thereafter one Rajeshwar Rai filed an objection, stating therein that plot 1995 was reserved for general abadi as such it was suitable for construction of school building. Then the petitioner again filed an application dated 31.5.2012. Sub -Divisional Officer after hearing the parties by order dated 11.6.2012 rejected the application for exchange on the ground that land in dispute were land of the category of section 132 as such exchange was not permissible. The petitioner filed a revision (registered as Revision No. 101 of 2011 -12) from the aforesaid order. The revision was heard by Board of Revenue U.P., who by order dated 19.6.2013 found that earlier resolution for exchange was rejected by Sub -Divisional Officer by order dated 30.03.2012, which was not challenged by Gram Panchayat. Gram Panchayat passed a fresh resolution dated 4.4.2012 for exchange, which appears to have been passed to give undue benefit to the petitioner. On these findings the revision was dismissed. Hence this writ petition has been filed.;