JUDGMENT P. Singh, Member - This recommendation has been made by the learned Additional Commissioner, Jhansi Division, Jhansi by his order dated 11-12-1985 for setting aside the order dated 12-9-84 passed by the trial court. 2. Briefly, stated the facts of the case are that on the report of Naib Tahsildar dated 27-2-84, proceedings for cancellation of lease granted in favour of Smt. Giribiya w/o Mukhtar r/o Alampur, were started on the grounds that the lease was irregular ; that Smt. Giribiya resides with her father and her father had 32.68 acres of land. Smt. Giribiys filed objection stating therein that she resides separately from her father : that she had no concern with the land owned by her father that she is a landless agricultural, labourer. The trial court by its order dated 12-9-84 cancelled the lease of the lease-holder. A revision was preferred before the learned Additional Commissioner against that order. 3. I have heard the learned counsel for the revisionist and have also perused the file. 4. The learned Additional Commissioner has found that the major daughter will not be a member of the family of her father. He has also held that the enquiry was not made by the learned Additional Collector, Sri Girdhari Lal. 5. I find that the learned Additional Collector Banda, has committed error of law in cancelling the lease granted in favour of Smt. Giribiya, the opposite party, without making any enquiry as provided under the provisions of law. In this respect the provisions contained u/s. 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." From the provision contained in Section 198 (4) of the U.P.Z.A. & L.R. Act, it is evident that the Collector has to make an enquiry in regard to the cancellation of lease granted by the L.M.C. The procedure for enquiry has been prescribed u/r. 178-A of Z.A. & L.R. Rules. The Rule 178-A of the Z.A. & L.R. Rules reads as under :- "I - 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. Rule-178-A2-Where the Collector makes an enquiry under sub-section (4) of Section 198, the Land Management Committee and the allottee of land shall be made parties and given an opportunity of being heard before final orders are passed." From the provision contained under Rule 178-A of U.P.Z.A. & L.R. Rules it is evident that the Collector has to make an enquiry after making the L.M.C. and the allottee as party to the proceedings, and after giving them an opportunity of hearing before find orders are passed. The learned Addl. Collector did not make any enquiry at all and passed the cancellation order only on the report of the Naib Tahaildar. The view expressed by the learned Addl. Collector regarding the lease-holder being a member of the family of her father is only on the ground that the father of the lease-holder has 32.68 acres land is not correct. The Additional Collector has shown utter ignorance of law while cancelling the lease without making any enquiry and after taking into consideration that sufficient land has been in possession of the lease-holder's father. 6. It appears that the definition given in Explanation I of Section 198 of U.P.Z.A. & L.R. Act has not come to the notice of the Additional Collector. The Explanation I of Section 198 of U.P.Z.A. & L.R. Act reads as under- Explanation I.-Landless refers to a person who or whose spouse or minor children had no land as bhumidhar, or asami, and also held no land as such within two years immediately preceding the date of allotment." 7. From this explanation to Section 198 it is evident that a major son or daughter will not be the member of the family of his or her father. Consequently, the lease could not be cancelled on this ground, In view of the above the order passed by the learned Additional Collector is unsustainable in the eye of law and is liable to be set aside. Consequently, the lease could not be cancelled on this ground, In view of the above the order passed by the learned Additional Collector is unsustainable in the eye of law and is liable to be set aside. Consequently, I allow the revision, set aside the order of the trial court dated 12-9-1984 and the lease granted in favour of the opposite party is hereby maintained.