( 1 ) THIS is a Writ petition under Arliclcs 226 and 227 of the Constitution of India by a purchaser of a house in the city of Bilaspur from the predecessor of the fourth respondent, by a registered sale deed, dated 26-9-1962. The predecessor of the fourth respondent, namely, Diwan Mahabir Sewak Singh, an ex-Zamin-dar, was a member of the scheduled tribe. The alienation was challenged by the third equivalent Citation: respondent under Section 170 of the M. P. Land Revenue Code, 1959, for avoiding the transfer, which Wits said to be in contravention of Section 165 (6) of the said code. It was alleged that the husband of the fourth respondent was a Malikmakbuza holder of a plot of 0. 05 acres of Nazul sheet No. 17 of Mohalla Dabripara in Bilaspur town, which he had sold to the petitioner by a registered sale deed and the alienation was liable to be avoided on the ground that the petitioner-purchaser was not a member of the scheduled tribe. It was also alleged in the application that no sanction of the Collector as required by Section 165 (6) of the M. P. Land revenue Code had been obtained and, therefore, the fourth respondent as an heir of the transferor was entitl