Devendra Kumar Upadhyaya, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for opposite parties.
(2.) The petitioner by means of this petition challenges an order dated 24.03.2017, passed by the Collector, Hardoi, whereby the application moved by the petitioner under Section 98 of Uttar Pradesh Revenue Code, 2006, seeking permission to transfer half area of plot nos.258 ka and 258 kha, situate in village Dhaba, Pargana and Tehsil Bilgram, District Hardoi, has been refused on the ground that the petitioner has mortgaged the aforesaid plots for securing loan from Punjab National Bank, Branch Haibatpur. The District Collector has, thus, rejected the application on the said ground alone.
(3.) Section 98 of Uttar Pradesh Revenue Code, 2006 puts certain restrictions on transfer of land by bhumidhars belonging to a scheduled caste. According to the said provision, a bhumidhar belonging to scheduled caste does not have right to transfer the land belonging to a person other than the scheduled caste, save with the permission of the Collector. The proviso appended to Section 98 provides that the Collector will grant permission in case the bhumidhar belonging to a scheduled caste has no surviving heir or such a bhumidhar has settled and is ordinarily residing in a district other than the district in which the land proposed to be transferred is situated or the District Collector is satisfied that it is necessary to grant permission for transfer of land. Section 98 of Uttar Pradesh Revenue Code, 2006 is quoted herein below:- "98. Restrictions on transfer by bhumidhars belonging to a scheduled caste- (1) (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 caster, 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.";