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SAURABH LAVANIA
Ram Kripal – Appellant
Versus
Sub Divisional Magistrate, – Respondent
| Table of Content |
|---|
| 1. petition for land exchange (Para 1 , 2) |
| 2. preliminary objection on maintainability (Para 3) |
| 3. court's decision on application validity (Para 4 , 7) |
| 4. previous petitions and dismissals (Para 5 , 6) |
JUDGMENT
Saurabh Lavania, J.
Heard learned Counsel for the petitioner, Sri Pankaj Gupta, learned Counsel for Gaon Sabha- respondent and Sri Hemant Kumar Pandey, learned State Counsel.
2. By means of the present petition, the petitioner seeks expeditious disposal of application preferred by petitioner for exchange of land filed under Section 161 of U.P. Zamindari Abolition and Land Reforms Act 1950 (in short "Act of 1950") presently registered as Case No. T2013025743478 and is pending before opposite party no. 1-Sub Divisional Magistrate (Judicial), Tehsil Patti, District -Pratapgarh as also that opposite party no. 2-Tehsildar, Tehsil Patti, District Pratapgarh, be directed to not to proceed further in proceedings initiated under Section 67 of Land Revenue Code 2006, has also been sought. The main reliefs sought are as under:-
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 l....
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
Public Interest Litigation dismissed due to lack of evidence; proper procedures for land exchange were followed, and no community objections were substantiated.
Public Interest Litigation cannot be used to challenge valid judicial orders when adequate remedies are available, reaffirming adherence to procedural law in land exchange matters.
The court reinforced that administrative decisions must consider ongoing civil proceedings and legal injunctions, ensuring maintainability assessments align with established legal provisions.
All State Governments in the country that they should prepare schemes for eviction of illegal/unauthorised occupants of Gram Sabha/Gram Panchayat/poramboke/shamlat land and these must be restored to ....
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