MANOJ MISRA,J. - (1.) The present petition has been filed challenging the order dated 31.10.2007 passed by Member (Judicial), Board of Revenue, Lucknow in Revision No. 129 of 2003-04 to the extent it directs the Collector to initiate proceedings under Section 167 of the U.P. Zamindari and Land Reforms Act, 1950 (in short the Act).
(2.) The facts giving rise to the present petition are as follows: One Smt. Subra Bano, recorded as Bhumidhar, executed a sale deed dated 19.11.2003 in favour of the petitioner. On the basis of the aforesaid sale deed, the petitioner applied for mutation. The Assistant Record Officer by his order dated 26.12.2003, upon finding that the sale deed was duly executed and that parties to the sale were neither Scheduled Caste nor Scheduled Tribe, directed mutation of the name of the petitioner. Against the order dated 26.12.2003, the third respondent (Jayanti Devi) filed an appeal under Section 210 of the U.P. Land Revenue Act, 1901 (in short L.R. Act). She claimed that the land in dispute was originally recorded in the name of Jagardev who was a member of Scheduled Tribe; Subra Bano purchased the land, vide sale deed dated 17.01.1987, from Jagardev, without the permission of the Collector required under Section 157-B of the Act; and therefore, the transfer was void. The Record Officer vide order dated 18.06.2004 dismissed the appeal by holding that Jayanti Devi could not substantiate her right in the land. Aggrieved by the order of the Record Officer, the third respondent filed a revision before the Board of Revenue.
(3.) The Board of Revenue though, by its order dated 31.10.2007, dismissed the revision but observed that if the sale deed executed by Jagardev in favour of Subra Bano was void on account of obtaining permission of the Collector, then the consequences as provided by Section 167 of the Act would follow. Accordingly, the Board of Revenue directed the Collector to hold enquiry and draw proceeding under Section 167 of the Act. It is with this direction that the petitioner is aggrieved and has prayed that the said direction be quashed.;