RAMDHANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manoj Kumar Singh for the petitioner and Standing Counsel for the State of U.P.

(2.) The writ petition has been filed against the order of Collector dated 11.7.2016 rejecting the application of the petitioner for grant of permission to sell the land under Section 98(1) of U.P. Revenue Code, 2006(hereinafter referred to as "the Code").

(3.) It has been stated in the application that the applicant was bhumidhar with transferable right of plot No. 469 and 470, total area 0-13-10 bigha of village Shipatinagar, tappa Ghosh and plot No. 572M, area 0-8-10 of village Wordpur No. 10, tappa Ghosh and plot No. 1728M, area 1-6-0 bigha of village Wordpur No. 12, tappa Ghosh pargana and tehsil Naugarh, district Siddharth Nagar. In the application it has been stated that the aforesaid land was purchased by the petitioner and he was doing agriculture in it. Since petitioner is ordinarily the resident of village Haridaspur Tola Mirzapur, tappa Ghosh, pargana and tehsil Naugarh, district Siddharthnagar, it has becoming difficult for him to do cultivation due to which after selling the land he will be able to purchase the land near his house as such permission be granted for selling the land as required under Section 98(1) of the Code. The Collector by order dated 11.7.2016 rejected the application of the petitioner on the ground that the petitioner wants to sell the property to a person not belonging to Scheduled Caste, therefore, permission cannot be granted. The petitioner filed a writ petition challenging the aforesaid order in which it has been stated that under U.P. Zamindari Abolition and Land Reforms Act(U.P. Act No. 1 of 1951) there are two provisions for permission of selling land to Scheduled Caste i.e. under Section 157A and 157AA. He submits that so far as permission under Section 157A is concerned, there was no restriction to sell the land to the person not belonging to Scheduled Caste. Restriction for selling the land to a person not belonging to Scheduled Castes was in Section 157AA which was the land over which bhumidhar with transferable right has been conferred under Section 131-B of U.P. Act No. 1 of 1951. He submits that in the present case the petitioner has purchased the disputed land. Thus, provision of Section 157AA will not apply. The order of Collector rejecting the application for permission on the ground that the petitioner wants to sell the land to a person not belong to Scheduled Castes is illegal.