Court No. - 7

Case :- WRIT - C No. - 33950 of 2022

Petitioner :- Sanjay Kumar Singh And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Hawaldar Ram,Arvind Kumar

Counsel for Respondent :- C.S.C.,Sudhir Bharti

Hon'ble Chandra Kumar Rai,J.

Heard learned counsel for the petitioner, Sri Sudhir Bharti, learned

counsel for the respondent - gaon sabha and the learned standing

counsel for the state respondents.

The instant writ petition has been filed for the following reliefs:-

"1. Issue a writ, order or direction in the nature of mandamus,

commanding respondent no.3/Sub Divisional Officer, Sadar, Deoria to

pass appropriate orders for recommending the matter for exchange

in pending Case No.T-202205200114488 (Sanjay Singh another vs.

Gram Panchayat Narayanpur), under Section 101 of the U.P. Revenue

Code, 2006 as per the procedure contemplated in the govt. order

dated 6.4.2021 and under the Revenue Code Rules, 2016.

2. Issue a further writ, order or direction in the nature of mandamus,

commanding the respondent nos. 1 & 2 and to take a final decision in

the matter of exchange and to conclude the same within a stipulated

period of time, as may be determined by this Hon'ble Court.

3. Issue a writ, order or direction in the nature of mandamus,

commanding the respondent no.4 i.e. the Tehsildar, Sadar, Deoria not

to proceed further with decision of pending Case

No.T20200520010845 (Gaon Sabha vs. Sanjay), under Section 67(2) of

the Revenue Code, 2006 and to adjourn the same sine die till final

decision of the matter of exchange referred herein above."

Counsel for the petitioners submitted that petitioner no.2 is a registered

limited company and has established a paper mill in the year 1994. He

further submitted that petitioner no.2 is recorded owner of plot nos.39,46,

49, 50, 51, 52, 53, 54, 55 Min, 56, 58 & 119. He further submitted that

exchange proceeding under Section 101 (2) of the U.P. Revenue Code,

2006 is pending before the competent court but the authorities are not

deciding the same on the basis of some reports submitted in the

proceeding. He further submitted that proceeding under Section 67 has

been initiated against the petitioners and the same is still pending before

the court concerned. Counsel for the petitioners has placed reliance

upon the orders of this Court, passed in the matters, involving similar

nature i.e. orders dated 6.8.2022 in Writ C No.4813 of 2022, 24.6.2020 in

Writ C No.10383/2020, 6.8.2022 in Writ C No.4938/2022, and order

dated 21.12.2018 in Writ C No.42710/2018.

Order dated 6.8.2022 passed in Writ C No.4813 of 2022 is quoted

hereunder:-

"Heard.

Instant petition has been filed challenging the order passed by the

competent authority under Section 67(5) of the Uttar Pradesh

Revenue Code, 2006 (hereinafter referred to as "Code, 2006")

whereby the appeal filed by the petitioner against the order passed

under Section 67 (3) of the Uttar Pradesh Revenue Code, 2006

(hereinafter referred to as ?Code, 2006?) has been dismissed.

This Court had required the learned Standing counsel to seek

instructions regarding the application filed by the petitioner under

Section 101 of the Code, 2006 for exchange of land.

Learned Standing counsel informs on the basis of instructions sent

by Sub Divisional Magistrate, Bhiti, District- Ambedkar Nagar that the

next date fixed in the proceedings is 08.08.2022 and an order is

expected to pass on the said date or shortly thereafter.

Considering that the matter for exchange of land is pending with the

authority concerned filed by the petitioner for exchange of land and

no ground except pendency of the application for exchange of land

as has been filed by the petitioner in the instant petition has been

taken, as such the present petition is disposed of with the direction

to the competent authority to finalize the proceedings under Section

101 of the Code, 2006 e