JUDGMENT R.R. Srivastava, Member - References Nos. 693 to 698 of 1976-77, pertaining to Mirzapur district were made under the consolidated order dated 30-8-1976 of Additional Com missioner, Varanasi, with the recommendation to set aside the order of the trial court. 2. Briefly stated, the facts of the case are that reports were submitted by the Lekhpal of village Newadi, Pargana Vijaigarh, Tahsil Robertsganj, district Mirzapur for having encroached plot no. 35 measuring 8-1-10 against the following persons: Sarju son of Bansdhari = 2-0-0 Achhaibar son of Ramdhani = 1-0-0 Sheodas son of Ramdhani = 1-0-0 Sahdeo son of Subhag = 1-0-0 Ramdeo son of Subhag = 1-0-0 Ram Adhar son of Ramnandan = 2-0-0 It was alleged in the report that these persons came in wrongful occupation in 1382 Fasli and caused a damage of Rs. 275 per Bigha. On the issue of notice, objection was filed by the revisionists on 29-7-1975 saying that they were not in possession over Gaon Sabha land and if they are found in possession over any Gaon Sabha land it is with the permission of Pradhan of the Gaon Sabha ; and that under the circumstances the proceeding under Section 122-B is not maintainable. After recording evidence of the parties and hearing them, the trial court vide consolidated order dated 20-12-1975 passed order for ejectment of the revisionists and to expung their names as occupants from the khasra. Sarju and others went in revision before the Additional Commissioner and the latter vide order dated 30-8-1976 recommended to accept the revisions. 3. I have heard the learned counsels for the parties and gone through the records. 4. In the Khatauni of 1382-84 Fasli Ram Lagan son of Ram Kishun is recorded occupant of class 4 since 1380 Fasli. Then there is reference to the order dated 13-6-1974 of Tahsildar Robertsganj passed in Case no. 655 under Rule 115-C, Z.A.R. to expung the name of Ram Lagan. Then again, there is reference to another order dated 12-6-1975 of Tahsildar in the same case to restore the name of Ram Lagan. Order dated 13-6-1974 would correspond to 1381 Fasli and dated 12-6- 1975 would correspond to 1382 Fasli. Thus in 1381 Fasli order was passed in a proceeding under Rule 115-C to expunging the name of Ram Lagan. Then again, there is reference to another order dated 12-6-1975 of Tahsildar in the same case to restore the name of Ram Lagan. Order dated 13-6-1974 would correspond to 1381 Fasli and dated 12-6- 1975 would correspond to 1382 Fasli. Thus in 1381 Fasli order was passed in a proceeding under Rule 115-C to expunging the name of Ram Lagan. Certified copy of the order dated 13-6-1974 shows that in the said proceeding under Rule 115-C, Z.A.R. Pradhan of the Gaon Sabha had admitted that he had settled the land with Ram Lagan on an annual rental of twenty rupees and he was in possession over the land in pursuance of the said settlement. As such the entry of possession was permissive. The court did not pass any order either for expunging the name or for ejectment of Ram Lagan. During the year 1382 Fasli Ram Lagan shall be deemed to have continued in possession over the land in dispute. When Ram Lagan is in possession even otherwise than in accordance with law, the Gaon Sabha or the Lekhpal as Secretary of the Land Management Committee cannot move the court for initiating proceeding under Section 122-B of the Z.A. and L.R. Act against the present revisionists. 5. Therefore the references are accepted, the order dated 20-12-1975 of the trial court is set aside and the proceedings are quashed. 6. This order will govern References No. 604 to 608 of 1976-77. District Mirzapur also.