JUDGMENT :

Yogendra Kumar Srivastava, J.

1. Heard Shri Deepak Kumar Jaiswal, learned counsel for the petitioners and Shri Ajeet Kumar Singh, learned Additional Advocate General assisted by Sri Ravesh Kumar Singh and Ms. Shikha Dixit, learned Standing Counsel appearing for the State-respondents.

2. The present petition has been filed by the petitioners seeking a direction to quash the order dated 16.12.2021 passed by the Board of Revenue, U.P. Allahabad whereby the earlier order dated 28.3.2007 passed by the ADM (City)/Additional Collector, Agra in exercise of the powers under Section 167 of Uttar Pradesh Zamindari Abolition And Land Reforms Act 1950 (the ZA & LR Act) has been affirmed.

3. Pleadings in the petition are to the effect that the land in question bearing Arazi No. 665/0.2540 Hec. of Khata No. 214 situate in Village-Digner, Tehsil-Sadar, District- Agra was recorded in the name of one Prem Singh who is stated to have become a bhumidhar with transferable rights under Section 131-B of the ZA & LR Act and subsequently, executed a registered sale-deed dated 1.10.2005 in favour of the petitioner No. 1. A report dated 2.12.2005 was submitted by the Naib Tehsildar (Kundal), Agra pointing out that the transfer made was in violation of Section 157-AA of the ZA & LR Act as the same was without the required prior approval of the authority concerned and accordingly, a recommendation was made for proceedings to be undertaken as per Section 166-167 of the ZA & LR Act. Upon the aforesaid report Case No. 02 of 2005-06 (State vs. Ramdulari) was instituted and a show-cause notice dated 26.12.2005 was issued to the petitioner No. 1 who submitted her objections dated 26.4.2006. The case came to be decided in terms of an order dated 28.3.2007 wherein the Additional Collector upon considering the facts of the case held that no prior approval has been obtained before making of the transfer and the same being in contravention of Section 157-AA of the ZA & LR Act, he made a recommendation for vesting of the land in the State Government as per the provisions of Section 167 of the ZA & LR Act.

4. Aggrieved by the same the petitioner preferred a revision under Section 333 of the ZA & LR Act which has also been dismissed in terms of an order dated 16.12.2021 affirming the findings and the order passed by the Additional Collector.

5. Learned counsel for the petitioner has sought to assail the aforesaid order and contends that in the present case since the transferor and the transferee both belong to the Scheduled Caste, the restriction under Section 157-AA of the ZA & LR Act was not attracted and no previous approval of the Assistant Collector was required prior to making of the transfer.

6. Submission is that there being no violation of the provisions of Section 157-AA of the ZA & LR Act the consequences enshrined under Section 167 of the ZA & LR Act would not follow and for the said reason the orders are erroneous and are liable to be set aside.

7. Controverting the aforesaid submissions, learned Additional Advocate General appearing for the State-respondents submits that Section 157-AA of the ZA & LR Act provides for certain restrictions on transfer by the members of Scheduled Castes becoming bhumidhar under Section 131-B of the ZA & LR Act. He submits that as per the case pleaded in the petition, the transferor is stated to have become a bhumidhar by virtue of provisions contained under Section 131-B of the ZA & LR Act. It is pointed out that Section 157-AA of the ZA & LR Act contains an absolute bar on transfer being made by members of Scheduled Castes in favour of any person not belonging to a Scheduled Caste. It is further submitted that even in respect of transfer made by a member of Scheduled Caste to another member of the Scheduled Caste there are certain conditions specified under the section. Reference is made of sub-section (4) of Section 157-AA of the ZA & LR Act which provides that no transfer can be made without previous approval of the As