RAJAN ROY, J. - (1.) Heard learned counsel for the parties.
(2.) Let the petitioners implead the grand son of Ram Samujh on whose application the impugned order was passed by the Tehsildar as an opposite party in the writ petition during the course of the day.
(3.) The contention of learned counsel for the petitioners is that the land in question was purchased by them from the original tenure holder Ram Samujh vide sale deed executed on 29.01.1990 on the representation of Shri Ram Samujh that he belong to Lodh caste and was not a Schedule Caste. The sale deed also contained a recital to this effect that he belonged to Lodh Caste, therefore, believing that the prohibition contained in Section 157A was not attracted they purchased the holding bona fide. However, when presented for its registration certain stamp deficiencies were reported regarding which the proceedings were held which could be concluded only in the year 2000 in favour of the petitioners. Thereafter, in 2001 a report was filed by them for mutation of their name before the Tehsildar in terms of Section 33 read with Section 34 of the U.P. Consolidation of Holdings Act, 1901. Accordingly, the land was mutated in their favour on 08.06.2009. The grand son of Ram Samujh filed an application alleging that his grand father belonged to a Scheduled Case, therefore, the transfer was void whereupon without issuing any notice to the petitioners the order of mutation was recalled.;