JUDGMENT H.N. Agarwal, Member. - This is a reference made by Shri H.C. Nigam, Addl. Commissioner, Rohilkhand Division, Bareilly, recommending that the revision filed by Kummi against the order dated March 14, 1972 passed by the Tahsildar Dataganj, district Budaun, in case under Section 122-B of the U.P. Z.A. and L.R. Act may be allowed. 2. I have heard the learned counsel for the parties, and have gone through the record. 3. The revisionist, Kummi, had been allotted 5 biswas area in plot No. 130 by the Pradhan, Gram Sabha for building a house. The allotment was cancelled by the Sub-Divisional Officer on March 28, 1970. Notice in Z.A. Form 49-Ka was issued to him on April 28, 1971. Notice by the order dated March 14, 1972, the Tahsildar has ordered the ejectment of the revisionist. 4. There is on record the extract from the proceedings of the Gram Sabha dated November 20, 1967. It seems the Abadi plot in question was auctioned and by unanimous resolution it was allotted to the highest bidder, Kummi. No order of the Sub-Divisional Officer cancelling the allotment is on record. Moreover, the revisionist has already constructed his house on the land in question on the basis of the allotment. In such a case, it is not open to the Assistant Collector to take summary proceedings under Section 122-B of the U.P. Z.A. and L.R. Act. Section 122-B comes into play where any property vested in the Gram Sabha is damaged, misappropriated or occupied by any person in an unlawful manner. Where a person occupies Gram Sabha property in a lawful manner on the basis of the allotment made to him by a unanimous resolution of the Land Management Committee, it cannot be said that he had occupied the land unlawfully. The question may be asked what would happen if the allotment made by the Land Management Committee is cancelled by the Collector or the Sub-Divisional Officer. The answer is obvious that at the time of setting aside the allotment the Collector or Sub-Divisional Officer should also take steps to dispossess the allottee and put the Land Management Committee into possession. The question may be asked what would happen if the allotment made by the Land Management Committee is cancelled by the Collector or the Sub-Divisional Officer. The answer is obvious that at the time of setting aside the allotment the Collector or Sub-Divisional Officer should also take steps to dispossess the allottee and put the Land Management Committee into possession. If the person allotted again occupies the land at a subsequent date in an unlawful manner then only proceedings under Section 122-B, U.P. Z.A. and L.R. Act an be taken, but these proceedings cannot be taken where a person has continued to be in possession on the basis of a lawful allotment made by the Land Management Committee and has also built a house on the basis of such an allotment. 5. Accepting the recommendation made by the learned Additional Commissioner, I hereby allow the revision and set aside the impugned order.