DULI CHAND Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for Respondent Nos. 1 to 3 and learned counsel for the Gaon Sabha.

(2.) This petition arises out of a transaction of sale, which has been annulled by the competent authority invoking the provisions of Section 157-AA read with Sections 166 & 167 of the U.P. Zamindari Abolition & Land Reforms Act.

(3.) The petitioner admittedly is a Schedule Caste and he claims that respondent No.5, who was also a Schedule Caste, had executed a sale-deed in favour of the petitioner in respect of the land in dispute on 13.1.2004. The provisions of Section 157-AA place restrictions on transfer by Member of a Schedule Caste and Sub-section (4) clearly provides that no transfer under this section shall be made except with the previous approval from the Assistant Collector concerned. A transfer in violation of the provisions of the Act is treated to be void under Section 166 of the Act and the consequences follow under Section 167. A perusal of the said provisions, therefore, leaves no room for doubt that previous approval of the Assistant Collector is a sine-qua-non.