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2021 Supreme(All) 788

YASHWANT VARMA
Ram Prasad – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Satya Prakash Shukla
For the Respondent: Saurabh Kumar

JUDGMENT :

1. Heard learned counsel for the petitioner, Sri Saurabh Kumar who appears for respondent Nos. 5 to 11 and Sri Birendra Pratap Singh learned Standing Counsel for the State respondents.

2. The petitioner claims to be the bhumidhar over plot No. 961/1. The aforesaid plot is situated in Village Patwadh Tehsil Robertsganj District Sonbhadra and forms part of a belt of land falling south of the Kaimur Range. According to the petitioner the plot admeasures 10 Bighas 9 biswa. The petition challenges an order dated 06 October 2018 passed by the third respondent refusing permission to the petitioner to sell a part of his land holding. That permission was sought by the petitioner who belongs to the Scheduled Castes in light of the provisions made in Section 98 of the U.P. Revenue Code 20061. Section 98 of the Code reads thus:

    "98. Restrictions on transfer by bhumidhars belonging to a scheduled caste-[(1) Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the Collector in

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