AJAY RASTOGI,J. - (1.) Instant special appeals have been filed against the self same judgment of the ld.Single Judge dt.10.04.2007. The moot question arose for consideration before the ld.Single Judge was - "Whether the Land Development Bank is competent to auction/sell the land mortgaged to it by its loanee, who is a member of Scheduled Caste/Scheduled Tribe, in open auction to a person who is not a member of Scheduled Caste/Scheduled Tribe in contravention of Sec.42 of the Rajasthan Tenancy Act, 1955 (in short 'the Act, 1955'), which prohibits the sale, gift or bequest of a land belonging to Scheduled Caste/Scheduled Tribe to a person who is not a member of Scheduled Caste/Scheduled Tribe and transfer of such sale, gift or bequest of agricultural land of recorded khatedar tenant to non-SC can be held to be void?"
(2.) The brief facts of the case which have culled out from the record are that the writ petitioners who, in fact, replaced the original writ petitioner Badri Lal Raigar (since deceased) have filed writ petition before the ld.Single Judge assailing order dt.27.01.1996 passed by the Additional Registrar-II, Co-operative Societies, Rajasthan, Jaipur questioning the auction notice dt.05.04.1985 issued by the Inspector of Co-operative Societies, Malpura and it was prayed that the auction of agricultural land of the original khatedar (writ petitioner) be declared illegal & quash and set aside such transfer to non-SC being void in view of Sec.42 of the Act, 1955.
(3.) The original writ petitioner Badri Lal was by caste Raigar and a member of Scheduled Caste and the real son of Ramcharan but his uncle Ramsukh took him in adoption and both the brothers Ramcharan & Ramsukh (member of SC) were the original khatedars of khasra Nos.2821, 5408, 5409, 5411, 5413 & 5414 measuring 10 bighas & 10 biswas.;