S.U. Khan, J. - (1.) S.D.O., Manjhanpur, district Kaushambi (previously Allahabad) through order dated 28.2.1995 accepted the exchange of petitioner's bhumidhari land with land of Gaon Sabha. Prior to the exchange Land Management Committee/Gann Sabha had passed resolution for the said exchange. Lekhpal and Tahsildar had raised no objections against the said proposal of exchange. Before the exchange, the land of Gaon Sabha which was given to the petitioners was recorded in revenue records as Chakroad. After exchange the name of the petitioners was recorded over the land of Gaon Sabha which was given to them in exchange, on 25.8.1995.
(2.) After eight years of orders of the exchange, Gajraj Prasad, respondent No. 6 filed restoration application for setting aside the order dated 28.2.1995 which was rejected on 8.9.2003 by S.D.O.
(3.) Against the orders dated 28.2.1995 and 8.9.2003 Gajraj Prasad, respondent No. 6 filed revision No. 404 of 2003 before Addl. Commissioner (Judicial), Allahabad Division, Allahabad. Additional Commissioner held that the sale deed through which earlier petitioners has purchased the land which they gave in exchange to Gaon Sabha was itself void as it was hit by section 168-A of U.P.Z.A. and L.R. Act. Revisional Court also held that provisions of Rules 110-A, 144 and 146 of U.P Z.A. and L.R. Rules were not complied with before the exchange. Revisional Court also held that Gaon Sabha could not exchange public utility land with Bhumidhari land of a private person. However, the learned Addl. Commissioner did not say anything regarding under delay in filing restoration application.;