Anjani Kumar Mishra, J. - (1.) Heard Sri Gulrez Khan, learned counsel for the petitioners and Sri Rajesh Yadav, who has accepted notice on behalf of respondent no.17, Gaon Sabha as also the learned Standing Counsel for the State-respondents.
(2.) The writ petition is directed against an order dated 31.10.2011 passed by the respondent no.17, Additional Collector (Administration) Saharanpur directing the land plot nos.496 area 0.728 Hectare, 497 area 0.387 Hectare, 495-M area 0.338 hectare, 500M area 0.100 hectare, 505M area 0.046 hectare, 508M area 0.100 hectare, 509M area 0.011 hectare, 511Ga area 0.441 hectare, 523M area 0.049, 525Ga area 0.423 hectare, 526 M area 0.338 hectare and 524 area 0.646 hectare situated in village Dara Milkana Bairun, Pargana, Tehsil and District Saharanpur to vest in the State on account of their sale deed having been executed by the power of attorney holder of the recorded tenure holder, who belong to the Scheduled Caste, in favour of a person not belonging to the Schedule Caste without having obtained prior permission contemplated in Section 157- A of the U.P. Zamindari Abolition and Land Reforms Act.
(3.) The relevant facts are that Ghasitu, the recorded tenure holder, belonging to the Scheduled Caste, through his power of attorney, Lala Desraj, executed a sale deed on 26.08.1988 in favour of one Harish Chandra Chhabra. This sale deed was executed on 29.08.1988. On mutation being sought on its basis, a report was made on 31.01.2009 that the sale deed had been executed without obtaining prior permission contemplated under Section 157-A of the Act. The proceedings, under Section 166/ 167 of the Act were thereafter, initiated.;