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2021 Supreme(All) 1142

AJAY BHANOT
Shiva Kant – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For The Petitioner: Ram Awtar,Mahabir Yadav
For The Respondent: C.S.C.,Azad Rai

JUDGMENT :

1. By means of this writ petition, a direction has been sought upon the respondent no.2-District Magistrate, Prayagraj, respondent No. 3-Sub-Divisional Magistrate, Tehsil Handia, District Prayagraj and respondent No. 4 Tehsildar, Tehsil Handia District Prayagraj to implement the order dated 26.06.2008 as well as order dated 16.06.2021 under Section 161 of the U.P.Z.A. & LR. Act [UP Zamindari Abolition and Land Reforms Act, 1950].

2. The writ petition out of proceedings for exchange of private land with land of Gaon Sabha taken out under Section 161 of the U.P.Z.A.&L.R. Act. The provision is extracted hereinunder:

    "161. Exchange. -[(1) A bhumidhar [* * *] may exchange with-

(a) any other bhumidhar [* * *] land held by him; or

(b) any [Gaon Sabha] or local authority, lands for the time being vested in it under Section 117 [* * *] :

Provided that no exchange shall be made except with the permission of an Assistant Collector who shall refuse permission if the difference between the rental value of land given in exchange and of land received in exchange calculated at hereditary rates is more than 10 per cent of the lower rental value.

(1-A) Where the Assistant Collector permits exch

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