JUDGMENT Kaushal Kishore, Member- In these references dated 8.12.1981, the learned Commissioner, Faizabad Division, Faizabad, has recommended that the order of the learned trial court dated 13-9-1979 be set aside and the case be remanded for a fresh decision. 2. I have heard the learned counsel for the parties and have also perused the record. 3. In the trial court, there were proceedings under Section 122-B of the UPZA & LR Act and the learned Tehsildar submitted his report dated 11.9.1979 to the SDO for declaration of sirdari rights in favour or Prithvi Nath and Sheo Nath opposite party under Section 122-B (4-F) of the Act on five and three plots respectively. The SDO approved as proposed and ordered correction in the record vide the very brief orders dated 18.9 1979. The learned Commissioner found that the learned SDO had not applied his mind in passing his cryptic order and it cannot be sustained. 4. I have further to observe that the learned trial court under Section 122-B of the Act, has jurisdiction to enquire and to pass orders either for ejectment and damages or for dropping the proceedings or for affording opportunity under Section 122-B (4-B) of the Act but neither any declaration of rights is provided under Section 122-B nor is there any provision for substituting a report as if to a higher revenue executive authority. Further, since no declaration of rights is provided under Section 122-B of the Act, the approval by the SDO was also without jurisdiction. The report by the learned Tehsildar and the approval by the learned SDO both being without jurisdiction have to be set aside. The learned Tahsildar, if he was satisfied that the opposite party was in possession since before 30.6.1975 and had acquired sirdari rights, could withdraw the notice issued to the opposite party, or if the possession was not clear and confirmed, the learned trial court could also afford opportunity under Section 122-B (4-B) of the Act to the opposite party, to get his rights declared by a proper court having jurisdiction. 5. 5. In view of these circumstances, the references are accepted, the orders of the learned SDO dated 13.9.79 are hereby set aside, the reports of the learned Tahsildar dated 11.9.1979 are found of a consequence and the cases are remanded to the learned trial court to take further action in accordance with law, keeping in view the observations above. The next date before the learned trial court is fixed for 16.7.1984, 6. This order shall govern referring nos. 190 and 191 of 1982-83/Gonda.