Yashwant Varma,J. - (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: "98. Restrictions on transfer by bhumidhars belonging to a scheduled caste- [(1) Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the Collector in writing : Provided that the permission by the Collector may be granted only when- (a) the bhumidhar belonging to a scheduled caste has no surviving heir specified in clause (a) of sub-section (2) of Section 108 or clause (a) of Section 110, as the case may be; or (b) the bhumidhar belonging to a scheduled caste has settled or is ordinarily residing in the district other than that in which the land proposed to be transferred is situate or in any other State for the purpose of any service or any trade, occupation, profession or business; or (c) the Collector is, for the reasons prescribed, satisfied that it is necessary to grant the permission for transfer of land. (2) For the purposes of granting permission under this section, the Collector may make such inquiry as may be prescribed.]"
(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.;