Petitioner filed an application under section 161 of Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 (hereinafter referred to as, 'Act, 1950') praying for exchange of plot no.121 of which he was the Bhumidhar with Plot No.101 which was recorded as Khalihan and vested in the Gaon Sabha (respondent No. 4). On the aforesaid application of the petitioner, case no.1 was registered in the court of Sub-Divisional Magistrate Chandausi (East), District Varanasi. The Sub Divisional Magistrate vide his order dated 14.04.1981 allowed the application of the petitioner and permitted exchange of aforesaid plots between the petitioner and Gaon Sabha. On 16.04.1981, the Pradhan of the Gaon Sabha filed an application before the Sub Divisional Magistrate praying that the order dated 14.04.1981 be recalled alleging that he had no information of the case and was not served any notice in the said case. The aforesaid recall application was dismissed by Sub-Divisional Magistrate vide his order dated 13.04.1982 after recording a finding that it was unbelievable that the Gaon Sabha and consequently the Pradhan had no notice or information of the case as the case was decided after a report was submitted by the Tehsildar, who had visited the plots before submitting his report. The Gaon Sabha filed an appeal against the order dated 13.04.1982 passed by the Sub-Divisional Magistrate and the said appeal was allowed by the Additional Commissioner, Varanasi vide his order dated 09.11.1982. Through his order dated 09.11.1982 the appellate court remanded back the matter to the Sub-Divisional Magistrate to pass fresh orders after hearing the parties. The aforesaid order was passed by the appellate court on the ground that while passing the order dated 14.04.1981 and 13.04.1982, the Sub-Divisional Magistrate had not considered the feasibility and legality of permitting the exchange which involved a plot recorded and used as Khalihan. Against the order dated 09.11.1982 passed by the Additional Commissioner, Varanasi the petitioner filed a revision before the Board of Revenue, Uttar Pradesh, Allahabad, which was numbered as Revision No.21 of 1982-83 and the said revision was dismissed by the Board of Revenue by its
