S.U.Khan, J. - (1.) The question involved in this writ petition is as to whether Gaon Sabba land reserved for some public purpose (digging in the instant case) can be exchanged with Bhumidhari land of a private tenure holder or not.
(2.) Land Management Committee, Mustafabad Tehsil and district Muzaffar Nagar passed a resolution on 14.1.2000 for exchange of its land reserved in revenue records for digging (Khudai) comprised in plot No. 506 and 507 area 0.092 hectares and 0.010 hectares respectively with the Bhumidhari land of Smt Kamla Devi comprised in plot No. 111 area 0.113 hectares. In the resolution, it was stated that land of plot No. 111 was more appropriate to be used as Rasta and if the said plot was transferred to Gaon Sabha then it would serve the purpose of connecting Rasta with Chak marg comprised in plot No. 110. S.D.O/ Deputy Collector, Sadar Muzaffar Nagar by order dated 16.3.2000, allowed the exchange on the ground that it was in public interest. The said order was passed in case No. 8 of 2000, Land Management Committee, Mustafabad v. Kamla Devi.
(3.) Thereafter Tehsildar filed a report dated 29.5.2000 to the effect that Kamla Devi had sold plot No. 111 and the name of the purchaser (Ranvir Singh) had been mutated in the revenue records hence exchange order deserved to be set aside. S.D.O/ Deputy Collector, Sadar Muzaffar Nagar accepted the report of Tehsildar and set-aside its earlier order dated 16.3.2000 as well as resolution of Land Management Committee dated 14.1.2000 by his order dated 31.5.2000. Thereafter Kamla Devi and Ranvir Singh, who had purchased the land from her, filed restoration applications for setting aside the order dated 31.5.2000. The restoration applications were rejected by S.D.O on 31.1.2001.;