JUDGMENT Ritu Raj Awasthi, J.- Notice on behalf of the opposite parties has been accepted by the learned Chief Standing Counsel. 2. Heard learned counsel for the parties. 3. The writ petition has been filed challenging the orders dated 21.7.2009 and 8.1.2013 as contained in Annexures 1 and 2, respectively, whereby in the proceedings under Section 166/167 U.P.Z.A.&L.R. Act the order has been passed to record the land in question in the name of the State Government and the revision preferred in the proceedings under Section 333 U.P.Z.A.&L.R. Act has been rejected. 4. Learned counsel for petitioner submits that the land recorded at Gata No. 5sa measuring 0.076 hectare and Gata No. 6 measuring 0.177 hectare was transferred by sale-deed by one Sohan Lal in favour of petitioner. Both seller and purchaser belong to Scheduled Caste, as such, no permission was required from the Assistant Collector. It is submitted that the learned Assistant Collector although has accepted that the seller and purchaser both belong to Schedule Caste but has wrongly held that permission was required under Section 157-AA U.P.Z.A.&L.R. Act which was not obtained, as such, transfer of land byway of sale-deed was illegal. 5. It is also submitted that the revisional authority did not appreciate the contention raised by the petitioner. 6. Learned standing counsel, on the other hand, submits that the land in question was allotted in favour of Sohan Lal by way of grant of patta. Even if on the said land, Sohan Lal has become bhumidhar with transferrable rights under Section 131-B U.P.Z.A.&L.R. Act, the permission as contemplated under Section 157-AA U.P.Z.A.&L.R. Act was required before any transfer was executed over the land in question. Since no such permission, as required, was obtained, therefore, the said transaction was bad in the eyes of law, as such, the orders impugned do not call for any interference. In support of his submissions, learned standing counsel has relied on the judgments of this Court in the case of Man Singh v. Commissioner, Bareilly Mandal, Bareilly and others; [ 2008 (104) RD 598 ] and Duli Chand v. State of U.P. through Secretary, Revenue Department, Lucknow and others; [ 2011 (114) RD 399 ]. 7. I have considered the submissions made by the parties' counsel and gone through the record. 8. Section 157-A U.P.Z.A.&L.R. Act provides restriction on transfer of land by members of Schedules Castes. 7. I have considered the submissions made by the parties' counsel and gone through the record. 8. Section 157-A U.P.Z.A.&L.R. Act provides restriction on transfer of land by members of Schedules Castes. Section 157-AA U.P.Z.A.&L.R. Act provides restrictions on transfer by member of Schedules Castes becoming bhumidhar under Section 131-B U.P.Z.A.&L.R. Act. 9. Section 157-AA U.P.Z.A.&L.R. Act for convenience is reproduced below: "157-AA. Restrictions on transfer by member of Scheduled Castes becoming Bhumidhar under Section 131-B.- (1) Notwithstanding anything contained in Section 157-A and without prejudice to the restrictions contained in Sections 153 to 157, no person belonging to Schedule Caste having become bhumadhar with transferable rights under Section 131-B U.P.Z.A.&L.R. Act shall have the right to transfer the land by way of sale, gift, mortgage or lease to person other than a person belonging to Scheduled Caste and such transfer, if any, shall be in the following order of preference: (a) land less agricultural labourer; (b) marginal farmer; (c) small farmer; and (d) a person other than a person referred to in Clauses (a), (b) and (c). (2) A transfer in favour of a person referred to in Clause (a) of subsection (1) shall be made in order of preference given below. If a person referred to in Clause (a) is not available then transfer may be made to a person referred to a person referred to in Clause (b) of the said sub-section and if a person referred to in Clause (b) is also not available then to a person referred to in Clause (c) of the said sub-section if a person referred to in Clause (c) is also not available then to a person referred to in Clause (d) of the said subsection in the same order of preference: - (a) first, to the resident of the village where the land is situate; (b) secondly, if no person referred to in Clause (a) is available, to the resident of any other village within the Panchayat area comprising the village where the land is situate; (c) thirdly, if no person referred to in Clauses (a) and (b) is available, to the resident of a village adjoining the Panchayat area comprising the village where the land is situate. (3) If no person referred to in sub-section (1) belonging to a Scheduled Caste is available, the land may be transferred to a person belong to a Scheduled Tribe in the order of preference given in sub-sections (1) and (2). (4) No transfer under this sections shall be made except with the previous approval of the Assistant Collector concerned. (5) A transferee of land under sub-section (1) shall have no right to transfer the land by way of sale, gift, mortgage or lease before the expiry of a period of ten years from the date of transfer in his favour." 10. Under sub-Section (4) of Section 157-AA U.P.Z.A.&L.R. Act no transfer shall be made except with the previous approval of the Assistant Collector concerned. 11. In the given facts, it is not in dispute that the land in question was allotted by way of patta in favour of Sohan Lal and Sohan Lal had acquired bhumidhar with transferrable rights over the said land. 12. In case Sohan Lal had acquired bhumidhar with transferrable rights over the land in question under Section 131-B U.P.Z.A.&L.R. Act, he was required to obtain necessary permission from the concerning Assistant Collector before making any transfer of the land in question to a person belonging to Schedules Castes, as such, even in case the seller and purchaser both belong to Scheduled Castes community even then the permission as contemplated under Section 157-AA U.P.Z.A.&L.R. Act was required before any transfer of the land in question was executed. 13. In the case of Man Singh (Supra), this Court has held that if no permission is required for a land to be transferred by Schedules Caste to another Scheduled Caste, then there will be no stage of inquiry whether the transfer is in accordance with the preference given in sub-Section (1). Relevant paragraph 7 of the judgment on reproduction reads as under: "7. The provisions of Section 157-A contains a restriction that no bhumidhar or asami belonging to a Scheduled Caste shall have the right to transfer any land by way of sale, gift, mortgage or lease to a person not belonging to a Scheduled Caste, except with the previous approval of the Collector. The provisions of Section 157-A contains a restriction that no bhumidhar or asami belonging to a Scheduled Caste shall have the right to transfer any land by way of sale, gift, mortgage or lease to a person not belonging to a Scheduled Caste, except with the previous approval of the Collector. Section 157-AA provides that no person belonging to a Scheduled Castes having become a Bhumidhar with transferable rights under Section 131-B shall have the right to transfer the land by way of sale, gift, mortgage or lease to a person other than a person belonging to a Scheduled Caste and the same shall be in the order of preference as contained in Sub-section (1) of Section 157-AA. There is a clear distinction between the restrictions contained under Section 157-A and Section 157-AA. Section 157-A provides that no bhumidhar or asami belonging to a Scheduled Caste can transfer the land to a person not belonging to the Scheduled Caste except with the previous approval of the Collector whereas Section 157-AA contains a clear restriction that a person belonging to Scheduled Caste who have become bhumidhar with transferable rights under Section 131 -B shall have no right to transfer to any person other than person belonging to Scheduled Caste. The transfer under Section 157-AA is permissible only to a person belonging to Scheduled Castes in the order of preference as prescribed in Subsection (1). Thus, Scheduled Caste cannot transfer the land in favour of a person not belonging to Scheduled Caste in any contingency. Further, this restriction is on reasonable basis since land which has been contemplated under Section 157-AA is a land which is allotted to a person belonging to Scheduled Caste. The restriction is more stringent in this sub-section since the land is lease land and grant of agricultural lease is contemplated under the Act for the specified object and purpose. Much emphasis has been laid down by learned Counsel for the petitioner that Sub-section (1) of Section 157-AA will not apply when transfer is in favour of Scheduled Caste. Sub-section (4) of Section 157-AA contains an injunction to the effect that no transfer under this section shall be made except with the previous approval of the Assistant Collector concerned. Sub-section (4) is in a very wide terms when it refers to "transfer under this section". Sub-section (4) of Section 157-AA contains an injunction to the effect that no transfer under this section shall be made except with the previous approval of the Assistant Collector concerned. Sub-section (4) is in a very wide terms when it refers to "transfer under this section". This clearly means that it embraces itself all the transfers which are contemplated in Section 157-AA. Thus, even if the transfer is by a Scheduled Caste in favour of a Scheduled Caste, it is fully covered by the restrictions contained under Sub-section (4) of Section 157-AA. In case, the interpretation as put by learned Counsel for the petitioner to Sub-section (4) of Section 157-AA is accepted, then the restrictions put under this Sub-section will be meaningless and redundant. There is valid reason for requiring previous permission of the Assistant Collector. The reason which is deciphered from the scheme of section is, that even the transfer by a Bhumidhar belonging to Scheduled Caste to a person belonging to Scheduled Caste shall be in accordance with the preference mentioned in Sub-section (1). A Scheduled Caste who is bhumidhar with transferable right under Section 131-B has no free choice of transfer to any Scheduled Caste of his own choice. The order of preference given under Sub-section (1) has its own object and purpose. The object obviously is that if transfer is made, the said transfer shall first go to landless agricultural labourer and thereafter to marginal farmer. The reason obviously is that the land being a lease land, the rights of a lessee have to be regulated in a manner which may advance the object and purpose of the Act. Thus, the prior approval of the Assistant Collector is contemplated which is obviously to consider and decide as to whether permission can be accorded and the transfer which is sought, is in accordance with the Scheme of Sub-section (1) of Section 157-AA. If no permission is required for a land to be transferred by Scheduled Caste to another Scheduled Caste, then there will be no stage of inquiry whether the transfer is in accordance with the preference given in Sub-section (1)." 14. In the case of Duli Chand (supra), this Court has held that previous permission of the Assistant Collector is a sine-qua-non. No permission obtained prior to the sale, the sale transaction rightly annulled by the competent authority. In the case of Duli Chand (supra), this Court has held that previous permission of the Assistant Collector is a sine-qua-non. No permission obtained prior to the sale, the sale transaction rightly annulled by the competent authority. Relevant paragraphs 5, 6, 7 and 8 on reproduction read as under: "5. Having considered the aforesaid submission, the words previous approval employed in sub-section (4) at the best can be construed in favour of the vendor if an application is filed prior to the transaction of sale. The grant of approval or disapproval after the execution of the sale-deed could be subject matter of consideration as indicated in the judgment relied upon by the learned counsel for the petitioner but not in the present case where no such application had been filed at all before the transaction took place. 6. The power to grant permission vests in the Assistant Collector under Sub-section (4) and it is trite law that power to do also includes the power to undo. The Assistant Collector was, therefore, well within his jurisdiction to pass the order. The first contention is, therefore, rejected. 7. The second submission on the strength of the aforesaid two decisions also cannot be countenanced for the simple reason that in the division bench decision relied on by the learned counsel for the petitioner, the application had already been filed before the Collector seeking permission under Section 157-AA as required under sub-section (4) thereof. In the case decided by the learned single Judge, the application had been moved before the court concerned as it was a court sale and, therefore, in both the transactions involved in the said 2 decisions, the applications had already been moved prior to the transaction of sale. 8. In the instant case, the petitioner or the respondent - vendor did not move any application prior to the transaction and as a matter of fact the application was moved almost after 4 months of the execution of the sale-deed. The aforesaid 2 decisions, therefore, are clearly distinguishable on facts and the ratio thereof will not apply on the facts of the present case." 15. In view of above, since no permission, as required under Section 157-AA U.P.Z.A.&L.R. Act, was obtained, as such, I am of the considered view that there is no infirmity or illegality in the orders impugned. 16. The writ petition lacks merits. It is accordingly dismissed. In view of above, since no permission, as required under Section 157-AA U.P.Z.A.&L.R. Act, was obtained, as such, I am of the considered view that there is no infirmity or illegality in the orders impugned. 16. The writ petition lacks merits. It is accordingly dismissed. Petition Dismissed.