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:-

"I. To issue order or direction to the opposite party no. 1 to decide the case no. T2013025743478 under Section 161 of the U.P.Z.A. & L.R. Act, Rajpati v. Gaon Sabha and others pending in the Court of Sub Divisional Magistrate (Judicial) Patti Pratapgarh contained as Annexure No. 1 to this petition in the interest of justice.

II. To issue order or direction to the opposite party no. 2 not to proceed further proceedings of under Section 67 U.P. Land Revenue Code 2006 as case no. T202202570406598 Gaon Sabha v. Ram Kripal Yadav pending before opposite party no. 2 contained as Annexure No. 13 & 14, till the disposal of pending case no. T2013025743478 under Section 161 of the U.P.Z.A. & L.R. Act, Rajpati v. Gaon Sabha and others pending before opposite party no. 1 contained as Annexure No. 1 to this petition in the interest of justice."

3. At the very outset, learned State Counsel has raised preliminary objection regarding the maintainability of the present petition. Elaborating his submission, he stated that earlier the petitioner approached this Court by means of Writ-C No. 3221 of 2022 (Ram Kripal v. State of U.P. and Others), which was finally disposed of vide order dated 02.06.2022. This Court after observing that "it is claimed that the College is owner of Gata No. 172 and 173, however, it has also used some public utility land recorded in the Khatauni for the purposes of playground under the control of Gaon Sabha for construction of some building" opined that the application submitted by the petitioner-Ram Kripal was not in accordance with law and thereafter taking note of the relevant provision of the U.P. Land Revenue Code 2006 i.e. Section 101 Code of 2006, disposed of the petition, providing liberty to the petitioner to prefer a fresh application strictly in accordance with law. However, in the instant case, after the order of Division Bench, the petitioner/concerned i.e. College has not preferred any application under Section 101 of the Code of 2006, for the purposes of exchange of land. Thus, the present petition for the reliefs sought, is not maintainable. The order of Division Bench dated 02.06.2022 on reproduction reads as under:-

"Heard.

The petitioner claims to be Manage of Matafer Laghu Madhyamik Vidyalaya, Dasrathpur, Tehsil Patti, District Pratapgarh.

It is claimed that the College is owner of Gata No. 172 and 173, however, it has also used some public utility land recorded in the Khatauni for the purposes of playground under the control of Gaon Sabha for construction of some building. Now, the Institution seeks exchange of certain land owned by it i.e. Gata No. 172 and 173 with Gata No. 160 as stated by Mr. Rakesh Kumar Singh, counsel for the petitioner. In this regard, it is claimed that an application has been submitted before the Sub Divisional Magistrate dated 15.09.2018, however, when we peruse the said application contained as Annexure No. 5, we do not find any such