Mala fide allegations must be made against parties involved, and the consequences of a void transfer under section 167 of the U.P.Z.A. & L.R. Act are by operation of law.

Heard Sri Rakesh Kumar Gupta, learned Counsel for the petitioners and learned Standing Counsel for the respondent No. 1.

2. Notice need not be issued to the resppndents Nos. 2 to 6 in view of the order being passed herein.

3. At the outset learned Standing Counsel has raised a preliminary objec-tion that against the impugned order dated 6.10.2010 passed by the District Magistrate, Maharajganj in proceedings under section 167 of the U.P.Z.A. & L.R. Act the petitioners have got alternative statutory remedy and, therefore, this writ petition should not be entertained.

4. To the preliminary objection raised by learned Standing Counsel, Sri R-K. Gupta, learned Counsel for the petitioners has submitted that when there is total violation of principles of natural justice in passing an administrative or-der the Writ Court can interfere in such an order under Article 226 of the Constitution of India and as such there is no alternative statutory remedy available to would like to pursue

5. According to Sri R.K. Gupta, there are various allegations of mala fide made paragraphs 7 to 13 of the writ petition regarding relationship of the District Magistrate, Maharajganj, with a political person, who has been named in aforesaid Paragraph and the respondent No. 2 to 6 are the so called men of the politician and, therefore, under Political pressure of the politician, who is alleged to be relative of the District Magistrate, Maharajganj, the impugned order dated 6.10.2010 has been passed- As such a Part from being ex-parte against the petitioners, who are purchasers of the land from the responents No. 2 to 6, the impugned order is mala fide.

6. Insofar as the above submission of leaned Counsel for the Petitioners on basis of averments made in paragraphs 7 to 13 are concerned, the law is settled that if mala fides are alleged against a person that person must be made a party in the proceedings so that he can have an opportunity of defence and his say before the Court. When mala fide is a ground taken in the writ petition and such person against whom mala fide is alleged have not been made party, this Court will not pass any order on that basis behind the back of such per- son as such the writ petition on the ground of mala fide cannot be enter#31;tained since the persons against whom mala fide has been alleged have not been made a party. In this case mala fide is alleged against a politician named in the writ petition as also the District Magis#31;trate, Maharajganj. Neither the politician has been made a party in this writ peti#31;tion nor the District Magistrate/Collec#31;tor has been made a party in person, therefore, the writ petition on that ground cannot be entertained and is liable to be dismissed.

7. Insofar as the merits of the case are concerned, learned Counsel for the petitioners has submitted that the order dated 6.10,2010 passed by the District Magistrate/Collector, Maharajganj, is illegal and ex-parte and that no notice was given to the petitioner. A perusal of the provision of section 166 of the U.P. Z. A. & L.R. Act indicate that every transfer in contravention of the provi#31;sions of the Act shall be void. In the pre#31;sent case, the land belonged to sched#31;uled caste category person and there was restriction on it transfer under sec#31;tion 157-A of the Act inasmuch as the permission of the Collector was re#31;quired before such person belonging to the scheduled caste category can trans#31;fer the land to a person who is not scheduled caste category person. In the absence of any permission taken under section 157-A of the Act there would be clear violation of the mandatory provi#31;sions of the Act and hence under section 166 of the Act the said transfer being in contravention of section 157-A is void.

8. The consequence of such a void transfer have been provided under sec#31;tion 167 of the Act and it shall be lawful for the Collector to take over possession of the land or direct that any person oc#31;cupying it t