JUDGMENT :

Yogendra Kumar Srivastava, J.

1. The present petition has been filed seeking to challenge the order dated 13.04.2004 passed by the Additional District Magistrate, Ghaziabad whereby the application filed by the petitioner seeking permission for transfer of certain land parcels had been turned down and also the order dated 11.10.2006 whereby the revision filed against the said order has also been rejected by the Additional Commissioner, Meerut Division, Meerut.

2. Contention on behalf of the petitioner is that permission had been sought under Section 157A of the U.P. Zamindari Abolition and Land Reforms Act, 1950 [the ZA & LR Act] for the purposes of transfer of land by the petitioner who belongs to a scheduled caste, to a person not belonging to a scheduled caste.

3. It is stated that the land held by the petitioner on the date of the application was 2.656 hectares, and even after the proposed transfer for which permission was being sought the land remaining with the petitioner would be 1.698 hectares. It is further submitted that the land in question having not been received by the petitioner by way of lease or by virtue of the provisions contained under Section 122B (4F) of the ZA & LR Act the orders impugned rejecting his application for permission are erroneous and are legally unsustainable.

4. Per contra, learned Standing Counsel appearing for the State-respondents has submitted that the plots in question bearing khasra no.412/1, area 0.266 hectares and khasra no.512, area 0.487 hectares were originally recorded in the names of Nanak Chand, Jai Singh, Jaipal and Kanwarpal, respectively, as bhumidhars with nontransferable rights.

5. It has been pointed out that these persons had been declared to be bhumidhars with transferable rights in terms of an order dated 29.12.1997 and they in turn had transferred the land parcels in favour of the petitioner and accordingly in view of the bar contained under subsection (5) of Section 157AA of the ZA & LR Act the petitioner had no further right to transfer the land before the expiry of a period of ten years from the date of transfer in his favour, and for the said reason the permission sought by the petitioner had been declined. It is contended that the orders impugned do not suffer from any illegality and the petition is liable to be dismissed.

6. Counsel for the parties have been heard.

7. The question which falls for consideration in the present case is with regard to the nature of the rights of a transferee under subsection (1) of Section 157AA to further transfer the land by way of sale or otherwise and the restrictions thereon.

8. In order to appreciate the controversy the relevant statutory provisions may be referred to.

9. Section 131B, as inserted by U.P. Zamindari Abolition and Land Reforms (Amendment) Act, 1995 [the Amendment Act, 1995] with effect from January 14, 1995, was brought in with the main object to confer transferable rights on persons who were bhumidhars with nontransferable rights immediately before commencement of the aforementioned Amendment Act, 1995 and had been such bhumidhar for a period of ten years or more. Section 131B referred to above is being extracted below:

"131B. Bhumidhar with nontransferable rights to become bhumidhar with transferable rights after ten years.-(1) Every person who was a bhumidhar with nontransferable rights immediately before the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 1995 and had been such bhumidhar for a period of ten years or more, shall become a bhumidhar with transferable rights on such commencement.

(2) Every person who is a bhumidhar with nontransferable rights on the commencement referred to in subsection (1) or becomes a bhumidhar with nontransferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of period of ten years from his becoming a bhumidhar with nontransferable rights.

(3) Notwithstanding anything contained in any other