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2021 Supreme(All) 1457

AJAY BHANOT
Nirmala Devi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kamal Kumar Singh.

JUDGMENT :

AJAY BHANOT, J.

1. By means of this writ petition, a direction has been sought upon the respondent no. 2-Commissioner, Gorakhpur Division, Gorakhpur to decide the Revision No. 1440 of 2015, computerized Case No. C-20150500001440 (Ram Narain Vs. Smt. Nirmala Devi), under Section 333 of the U.P.Z.A. & LR. Act [UP Zamindari Abolition and Land Reforms Act, 1950].

2. The revision arises 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;

(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 accordi

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