( 1. ) THIS appeal is directed against the order of the learned Single Judge in Writ Petition No. 5279/2000, dated 24-9-2001 allowing the petition and quashing the order dated 17-7-2000 passed in Revision No. R. N. /11-1/r/513/93 Board of Revenue, Gwalior (MP) and order passed by the Commissioner, Sagar Division, Sagar in Revision No. 222/a-6/91-92, dated 30th March, 1993 confirming the order of Additional Collector, District Chhattarpur in Revision Case No. 33/a-6/89-90, dated 28-12-1991 were restored.

( 2. ) THE facts of the case are that the respondent Budhuwa Chamar belongs to Scheduled Caste. He was landless person. He was allotted a piece of land on 3-11-1973 by Patta (Annexure A-1) under the provisions of Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as the Code ). The patta was granted by Tehsildar, Laundi, District Chhattarpur. It was a temporary patta. The conditions No. 7 (1) and (4) of this Patta prohibit transfer of the land granted by the patta. However, condition No. 14 of the patta provides for conferral of bhumiswami rights on fulfilment of certain conditions and further grant of patta in the prescribed form "u". Subsequently, petitioner was declared Bhumiswami in the year 1982 and accordingly recorded in the revenue record. The appellants, who are brothers of respondent Budhuwa Chamar, got the land transferred in their names from the respondent without prior permission of the Collector. Respondent moved an application before the Collector, Chhattarpur on 3-1-89 for setting aside the sale and restoration of the possession. The Collector, invoking the power under Section 50 of the Code, found that the transaction between appellants and respondent No. 1 was in contravention of Section 165 (7-B) of the Code. Consequently, the sale was declared illegal by order Annexure P-3. The appellants preferred an appeal before the Commissioner, Sagar, who dismissed the appeal vide order Annexure P-4. Aggrieved by the orders Annexures P-3 and P-4 appellants filed a revision before the Board of Revenue, which was allowed vide order dated 17th July, 2000 (Annexure P-5) and the orders Annexures P-3 and P-4 were set aside.

( 3. ) THE learned counsel for the appellants in the present appeal has challenged the order passed by the learned Single Judge on the ground that the sale was valid as respondent No. 1 was declared bhumiswami under Section 158 of the Code and the learned Additional Collector, Chhattarpur was not justified in invoking the provision of Section 50 of the Code to set aside the sale. Considering the arguments and from the perusal of the record, we find no substance in the arguments advanced by the learned counsel for the appellants.

( 4. ) RESPONDENT No. 1 was granted patta as landless person belonging to Scheduled Caste. This patta was granted on 3-11-73. He was declared bhumiswami in the year 1982 and his name was accordingly recorded. The sale deed executed on 3-3-1989 was in contravention of the provisions of Section 165 (7-B) of the Code, which reads as under :-" notwithstanding anything contained in Sub-section (1), a person who holds land from the State Government or whom right to occupy land is granted by the State Government or the Collector as a Government lessee and who subsequently becomes Bhumiswami of such land, shall not transfer such land without the permission of a Revenue Officer, not below the rank of a Collector, given for reason to be recorded in writing. "

( 5. ) IT is not in dispute that no permission from the Collector was obtained and the sale was made without the permission of Collector. The respondent cannot transfer his land even though he is declared Bhumiswami, without the permission of the Collector. Transfer was made without such permission, so the appellants will not gel any legal rights. In the circumstances, the Additional Collector has rightly held that the sale was in contravention of the provisions of Section 165 (7-B) of the Code and is void. Mutation eff