Point of law : From the conjoint reading of Section 161, as well as, the Rules relating thereto, it transpires that the legislature has extended facility upon a bhumidhar to exchange his bhumidhari land from land of another bhumidhar for their convenience upon satisfying the conditions for exchange. Such exchange cannot be valid unless permission of the Assistant Collector has been obtained. An exchange involves the transfer of property by one person to another and reciprocally the transfer of property by that other to the first person. There must be a mutual transfer of ownership of one thing for the ownership of another.

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 exchange he shall also order the relevant annual registers to be corrected accordingly.

(2) On exchange made in accordance with sub-section (1) they shall have the same rights in the land so received in exchange as they had in the land given exchange."

3. The provision has to be read with Rules 144 to 146 of the U.P.Z.A.&LR. Rules, 1952[UP Zamindari Abolition and Land Reforms Act, 1952] to understand its working. The Rules are extracted hereinbelow:

“144. An application [for permission to make an]exchange shall contain the following particulars and be accompanied by the following documents:-

(1) The khasra number of the plots-

(a) [* * *] which the applicant wishes to receive and of the plots which he offers in exchange of,

(b) [* * *]

(2) certified copies of the khataunis relating'to the khatas in which all such plots are included;

(3) [* * *]

(4) a statement showing the details of any valid deeds mortgage or other encumbrances with which the lands to be exchanged may be burdened, together with the names and addresses of lessees, mortgagees or holders of other encumbrances.

145. On receipt of an application for [permission to make an]exchange of land the Assistant Collector [shall cause to be calculated the rental value of the land proposed to be given in exchange and of the land proposed to be received in exchange at hereditary rates and] if he is satisfied that the exchange is not invalid according to the proviso to sub-section (1) of Section 161, call upon the parties, the lessees, mortgagees or holders of other encumbrances, if any, to show cause why the exchange should not be made. Every such notice shall be accompanied by a copy of the application which shall be supplied by the applicant.

146. The Assistant Collector shall thereupon decide the objections, if any, and pass suitable orders. If he decides that the exchange should be allowed, he shall also make an order for the delivery of possession, if necessary, and for the correction of papers.”

4. Section 161 of the U.P.Z.A. & L.R. Act, 1950 read with Rules 144, 145 and 146 of the U.P.Z.A. & L.R. Rules, 1952 together comprise the legislative scheme for exchange of private lands with Gaon Sabha.

5. While interpreting the aforesaid provision, a learned Single Judge of this Court in Shiv Murat Vs. Board of Revenue, U.P. at Allahabad, 2017 (7) ADJ 252 held as under:

"8. Section 161 of the Act provides for exchange. A bhumidhar may exchange with (a) any other bhumidhar land held by him or (b) land vesting in any Gaon Sabha or local authority under Section 117. The proviso to Section 161 requires prior permission of the Assistant Collector upon being satisfied that conditions of rental value of the respective land calculated at hereditary rates is not more than 10 percent of the lower rental value. On exchange being