HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27777 of 2026 Court No. - 4 HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Shri Azad Rai, learned counsel for the respondent - Gaon Sabha. 2. The instant writ petition has been filed praying inter alia for the following relief: "A. Issue a writ order or direction in the nature of Certiorari quashing the impugned entire proceeding of Case No. 2569 of 2026, computerized Case No. T202602250102569 under section 104/105 of U.P.R.C. including report dated 14.11.2025, containing in Annexure No.1 to this writ petition. B. Issue any other writ order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case. c. To award cost of this petition." 3. In the present case, learned counsel for the petitioners submits that the proceedings initiated under Section 104/105 of the U.P. Revenue Code, 2006 (in short 'Code, 2006') are mala fide and vitiated on the ground that the petitioners do not belong to the Scheduled Caste category and, therefore, the sale deed executed by them does not fall under the embargo put by Section 98 of the Code, 2006. He submits that the petitioners are Versus Counsel for Petitioner(s) : Akhilesh Kumar Dwivedi, Suresh Singh Counsel for Respondent(s) : Azad Rai, C.S.C. Gulab Singh And 3 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Kshatriya by caste and have accordingly been issued a caste certificate of the General category on 06.10.2023, and therefore, by no stretch of imagination, can they be treated as persons belonging to the Scheduled Caste category. He submits that the present prayer is for a writ of prohibition to stop the proceedings, as the same are completely without jurisdiction. 4. Per contra, learned Standing Counsel has produced instructions, which are taken on record. On the strength of such instructions, learned Standing Counsel submits that on a perusal of the revenue record, it is apparent that the petitioners belong to the Baheliya tribe and, therefore, belong to the Scheduled Caste category, and as such, the transfer done/ effected by them is hit by the embargo put by Section 98 of the Code, 2006, and the proceedings initiated under Sections 104/105 of the Code, 2006 are justified. He submits that there is no illegality or infirmity in the proceedings warranting interference by this Court, and the entire proceedings should be brought to its logical conclusion and the petitioners will have ample opportunity to present their case and evidence before the concerned court to establish their caste. 5. Confronted with the situation, learned counsel for the petitioners fairly submits that the petitioners would be inclined to appear before the concerned court in the aforesaid Case No. 2569 of 2026, initiated under Section 104/105 of the Code, 2006. However, he has confined his prayer to the extent that the petitioners be permitted to file a detailed objection in the said case and on the basis of the objections/ evidence so produced before the concerned court, so the case may be decided. 6. To such prayer being made, learned Standing Counsel has no objection. 7. Considering the facts and circumstances of the case, no useful purpose would be served by keeping the writ petition pending. Accordingly, it is directed that the petitioners shall submit a fresh objection, including all the evidences they want to rely upon, within a period of two weeks from today. In case such objections are filed within two weeks, the concerned court shall look into the objections and evidences produced by the petitioners and thereafter pass a reasoned order in accordance with law. WRIC No. 27777 of 2026 2 Such exercise shall be carried out expeditiously, preferably within a period of three months from the date the objections are filed by the petitioners. 8. With the aforesaid directions, the writ petition stands disposed of. September 18, 2026 NLY WRIC No. 27777 of 2026 3 (Kunal Ravi Singh,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad