JUDGMENT

R.M. Lodha, J.-

1. We have heard Ms. Rachana Srivastava, learned counsel for the petitioners, and Mr. Shanti Bhushan, learned senior counsel for the respondent.

2. Delay condoned.

3. Leave granted.

4. The controversy in this Appeal, by special leave, is in respect of land admeasuring 1.626 hectares situate in village Chalang, Dehradun out of 6.785 hectares which was transferred by the Bhumidhar to respondent, Guru Ram Das Educational Trust Society in 1992. A notice under Sections 166 and 167 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short, 1950 Act') was issued by the Assistant Collector First Class/Sub Divisional Magistrate, Dehradun to the respondent to show cause why the said land should not be entered into the revenue records in the name of the State Government and possession of the same be taken forcibly as the transfer in its favour was void. In response to the notice, the respondent filed its objections and set up diverse grounds. One of the objections raised by the respondent was that there was no prohibition under Section 154 of the 1950 Act on transfer by way of sale to a charitable trust for charitable purpose.

5. The Assistant Collector o