JUDGMENT I.B. Singh, Member. - This is a revision application against order dated 26.5.1975 passed by Tahsildar. Asstt. Collector Ist Class Tahsil Mahoba, District Hamirpur in a case u/s 122-B of Act I of 1951 imposing Rs. 18450 as damages for mis-appropriating water of the 'talab' of the Gaon Sabha for irrigating their fields. 2. The Ld. Additional Commissioner Jhansi Division by his order dated 17.11.1975 has recommended to allow the revision application and to quash the order passed by the trial court as no notices in form 49-A were issued to the applicant and the trial court had no jurisdiction to determine the title of the parties regarding the pond in question which was claimed by the applicants to be theirs. 3. I have heard the Ld. counsel for the parties and have perused the record. 4. I was argued on behalf of the applicants in support of the reference that using of water of pond for irrigation fields is not covered by the provisions of Section 122-B of Act I of 1951. In reply it was argued that the provisions of sub-section I of Section 122-B are applicable even to such case because pond is the property vested under the provisions of Act I of 1951 in the Gaon Sabha and if damage in caused to its water or its water is misappropriated by any person, action can be taken against such person under the provisions of Section 122-B of Act I of 1951 runs as follows:- 5. "122-B (1) Power of Land Management Committee and the Collector:- Where any property vested under the provisions of this Act, in a Gaon Sabha or a local authority, is damaged or misappropriated by any person, or where any land so vested in it, or any vacant land or any land, which it is entitled to take possession of under this Act is occupied otherwise than in accordance with the provisions of this Act by any person, the Land Management Committee or the local authority, as the case may be, shall taken steps forthwith to recover compensation for damage to or misappropriation of the property and for the recovery of possession of the land together with damages caused by wrongful occupation." 5. Pond also with its land and water vested under the provisions of Act I of 1951 in a Gaon Sabha and if its water is damaged or misappropriated by any person the L.M.C. or the local authority, as the case may be, shall take steps forthwith to recover compensation or damages for misappropriation of the property under the provisions of Sub-Section I of Section 122-B of Act I of 1951. The Legislature has used word "property" and not only word land in this Sub-section purposefully and word "property" includes even water of a pond or talab and if such water is misappropriated by any person for any purpose including irrigation of fields, action against that person can be taken for recovering compensation or damages too for mis-appropriation of the water of the pond. Therefore, in such cases action can be taken either by the Land Management Committee or the local authority and if they failed, action can be taken by the Collector. 6. It was argued on behalf of the applicant that the trial court had no jurisdiction to determine the title of the pond. If there is bona fide dispute of title, under Sub-section (4-B) of Section 122-B the applicant can be ordered to file declaratory suit in competent jurisdiction within a period of 3 month from the date of such order then further proceeding,shall remain stayed in the mean time. 7. In the present case no notice as required by Sub-Section 3 were given to the applicants in form 49-A, therefore, the whole proceedings was vitiated. On this ground only the order the of the trial courts is liable to be set aside and the recommendation to this extent only is liable to be accepted but not in toto. 8. In view of the above, the revision application is allowed and the order in question is set aside and the case is remanded to the trial court for proceedings afresh. After giving proper required notices in form 49-A to the applicants to allow them to file objection than to decide the matter afresh according to law.