Hon’ble Devendra Kumar Upadhyaya, J.—Heard learned counsel for the petitioner and learned Standing Counsel for opposite parties.

2. The petitioner by means of this petition challenges an order dated 24.3.2017, passed by the Collector, Hardoi, whereby the application moved by the petitioner under Section 98 of Uttar Pradesh Revenue Code, 2006, seeking permission to transfer half area of plot Nos. 258 ka and 258 kha, situate in village Dhaba, Pargana and Tehsil Bilgram, District Hardoi, has been refused on the ground that the petitioner has mortgaged the aforesaid plots for securing loan from Punjab National Bank, Branch Haibatpur. The District Collector has, thus, rejected the application on the said ground alone.

3. Section 98 of Uttar Pradesh Revenue Code, 2006 puts certain restrictions on transfer of land by bhumidhars belonging to a scheduled caste. According to the said provision, a bhumidhar belonging to scheduled caste does not have right to transfer the land belonging to a person other than the scheduled caste, save with the permission of the Collector. The proviso appended to Section 98 provides that the Collector will grant permission in case the bhumidhar belongin