Neutral Citation No. - 2025:AHC-LKO:49316 Court No. - 5 Case :- WRIT - C No. - 7782 of 2025 Petitioner :- Shrikrishna @ Atul Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Anita Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J. 1. Heard Ms. Anita Tiwari, learned counsel for the petitioner, learned Standing Counsel on behalf respondents no.1 to 4 and Shri Mohan Singh, learned counsel on behalf of Gaon Sabha. 2. It has been submitted by counsel for the petitioner that the petitioner is recorded tenure holder of land situated at Gata No.807, area 0.5820 hectare where the petitioner has 1/10 share in the said land. It has further been stated that the petitioner has constructed a house in Gata No.813 which is undoubtedly a Gaon Sabha land and is recorded as Usar land. It is in the aforesaid circumstances, the petitioner has moved an application under Section 101 of the U.P. Revenue Code for exchange of his share in Gata No.807 with Gata No.813 where the the petitioner has constructed a house. It is stated that the Gaon Sabha also does not have any objection and accordingly, had moved an application in this regard before the Sub Divisional Officer (Judicial), Tehsil Sadar, Ayodhya, who after considering the same rejected it by means of the order dated 09.10.2023. Apart from the above, it was found that there is a bar under Section 77(2) of the U.P. Revenue Code and therefore, the said exchange could not permitted and accordingly, rejected the application. The petitioner being aggrieved by the order of the SDM dated 19.10.2023 had preferred a revision before the Additional Commissioner (Administration) Ayodhya, District Amethi which has also been rejected by the order dated 27.05.2025. 3. Considering the aforesaid contentions, it is noticed that the petitioner is a tenure holder in Gata No. 807 where he has 1/10 share and said land has not been partitioned between the co- tenure holders and it is undivided share the petitioner seeks to exchange with the Gaon Sabha. This Court is of the considered view that unless and until the land is partitioned by metes and bounds, the same cannot be subjected to exchange inasmuch as the person in whose favour the exchange is sought, would be entitled only to the share in the property of the petitioner and will not allotted any land in metes and bounds and accordingly such an exchange cannot be permitted and accordingly, I do not find any infirmity in both the impugned orders. However, in case the land of the petitioner situated in Gata No.807 is partitioned, then it shall be open for the petitioner to move an appropriate application under Section 101 of the U.P. Revenue Code for exchange in accordance with law. 4. Subject to the aforesaid observations, the petition is disposed of. 5. In case, any application under Section 116 of the Uttar Pradesh Revenue Code, 2006 is preferred by the petitioner, the same shall be considered and decided with expedition. [Alok Mathur,J.] Order Date :- 22.8.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench