Pankaj Naqvi, J. - (1.) Heard Sri Babu Lal Ram holding brief of Sri Ram Surat Saroj, learned counsel for the petitioner and Sri Rajesh Kumar, the learned standing counsel.
(2.) The petitioner filed an application under Section 98 of the U.P Revenue Code, 2006 for permission of the Collector to sell the property shown as Khata no.0415, khasra no.1001 kha (0.423 hct) (property in dispute) to a non scheduled caste person, on the ground that he is of a ripe age, often remains ill and intends to stay with his daughter in Delhi. The application accompanied an OPD certificate dated 3.5.2017 of the petitioner, issued by Zila Sanyukt Chikitsalaya, Sanjay Nagar, Ghaziabad. A report was called from the subordinate revenue authorities. The Collector on 16.5.2017 declined to accord the permission on the premise that the case does not fall within the prescribed parameters.
(3.) Section 98 of the U.P Revenue Code, r/w Rule 99 of the 2016 Rules governs the fate of such applications. Section 98 is quoted hereunder: "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 his section, the Collector may make such inquiry as may be prescribed.";