JUDGMENT P. Singh, Member. - This reference has been made by the learned Additional Commissioner, Agra Division, Agra vide his order dated 11-5-83 for setting aside the order dated 30-10-82 passed by the trial court. 2. It appears that Jamadar Singh and others moved an application under Section 198 (4) of Z. A. & L. R. Act against Narain Singh and other alleging that the allotment was made on 31-8-77 by the L. M. C. and was illegal as no agenda was circulated and no proclamation was made. On issuance of a notice the lease holder filed their objection alleging that the allotment was regular. On 30-10-82 the trial court cancelled the allotment. 3. I have heard the learned counsel for the parties and have gone through the file. 4. An Objection has also been filed by the opposite party no. 1 against the reference made by the learned Additional Commissioner alleging that the recommendation was incorrect and illegal; that the allottees are disqualified persons for allotment and the allotment made on 31-8-77 was illegal. 5. It appears that the trial court has passed the order solely on the basis of the report of the tahsildar dated 20-10-78 and that the trial court has not enquired into the matter itself. I find that the view taken by the learned Additional Commissioner is not in accordance with the rule 178-A of Z. A. & L. R. Rules. The provision contained in Section 198-(4) of Z. A. & L. R. Act reads as under :- "The Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any." 6. The procedure for enquiry has been prescribed under rule 178-A of Z. A. & L. R. Rules. The rules read as under :- "Where the settlement of land made by the Land Management Committee, as approved by the Assistant Collector incharge of the subdivision is challenged under sub-section (4) of Section 198 by any person aggrieved or where the Collector intends to take suo motu action, the Collector may pass suitable interim orders by way of stay of proceedings or otherwise. (2) Where the Collector makes an enquiry under sub-section (4) of Section 198, the L. M. C. and the allottee of land shall be made parties and given an opportunity of being beard before final orders are passed." 7. From the sub-rule-2 it is evident that the Collector shall make enquiry. In the instant case the Collector has not made enquiry himself as such the proceeding for cancellation of the lease vitiated by adopting a procedure against the provision of law. Consequently, the revision is allowed, the reference made by the learned Additional Commissioner is set aside and the matter is sent back to the trial court for decision afresh after observing the procedure prescribed under rule 178-A of U.P.Z.A. & L. R. Act. The parties shall appear on 16th of August, 1986.