Anjani Kumar Mishra, J. - (1.) Heard Sri Tripathi B.G. Bhai for the petitioner and Sri Manu Singh for the Gaon Sabha, respondent No. 3. The petitioner has filed this writ petition challenging an order dated 25.3.2015 of the Commissioner, Aligarh, whereby he has set aside an order passed in favour of the petitioner in proceedings under Sec. 161 of the U.P. Zamindari Abolition & Land Reforms Act for exchange of certain plots of the petitioner with those of the Gaon Sabha recorded in the revenue records as abstained. This order for exchange was passed by the Sub -Divisional Officer.
(2.) It has been submitted by Counsel for the petitioner that on his application proceedings under Sec. 161 of the U.P.Z.A. & I.R. Act were initiated and the order for exchange was passed, validly and in accordance with law. The order was also in consonance that the resolution of the Gaon Sabha in this regard and it was passed after the Pradhan had given her consent in her oral testimony, recorded by the Sub -Divisional Officer. The order therefore was a consent order. Prior to the order being passed, the opinion of the D.G.C. Revenue had also been obtained. The order for exchange have been passed in public interest.
(3.) The revision filed against this order, was preferred by the D.G.C. (Revenue), without there being any resolution of the Gaon Sabha in this regard. The revision was therefore, incompetent. It was also highly time barred and was not accompanied by any application under Sec. 5 of the Limitation Act for condonation of delay. The revision therefore has wrongly been entertained and allowed. The impugned order therefore is patently illegal and is liable to be set aside.;