JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Santosh Kumar Tiwari, counsel for the petitioner, Sri Arun Kumar Pandey, counsel for the respondent – gaon sabha and the learned standing counsel for respondent nos. 1 & 2.

2. Brief facts of the case are that khata no.4. khasra no.6/12, area 1.265 hectare situated at mauja-Sabuwala, Pargana-Badhapur, Tehsil-Nagina, District Bijnor, was initially recorded in the name of Amar Singh, son of Sukke who belongs to the scheduled caste community. Amar Singh had taken a loan from Khadi Gramodyog by mortgaging the aforesaid land but the borrower failed to repay the amount, accordingly, the mortgaged land was attached and put to auction. In the auction proceeding, petitioner was the highest bidder, accordingly, the sale deed was executed in favour of the petitioner on the basis of auction sale took place on 21.12.2000. On the basis of the sale deed, name of the petitioner was recorded in the revenue records through mutation proceeding. Some complaints were lodged by respondent nos. 4 to 10 before the Additional Collector stating that property in question originally belongs to scheduled caste, as such, same cannot be transferred to the petitioner, wit