RAM PRASAD Vs. STATE OF.U.P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri Saurabh Kumar who appears for respondent Nos. 5 to 11 and Sri Birendra Pratap Singh learned Standing Counsel for the State respondents.

(2.) The petitioner claims to be the bhumidhar over plot No. 961/1. The aforesaid plot is situated in Village Patwadh Tehsil Robertsganj District Sonbhadra and forms part of a belt of land falling south of the Kaimur Range. According to the petitioner the plot admeasures 10 Bighas 9 biswa. The petition challenges an order dated 06 October 2018 passed by the third respondent refusing permission to the petitioner to sell a part of his land holding. That permission was sought by the petitioner who belongs to the Scheduled Castes in light of the provisions made in Section 98 of the U.P. Revenue Code 2006(Code). Section 98 of the Code reads thus:

(3.) Before proceeding further, however, it would be apposite to step back and sketch the backdrop in which the controversy would have to be decided.