JUDGMENT P. Singh, Member - This reference has been made by the learned Additional Commissioner. Meerut Division, vide order dated 28-2-78 for setting aside the trial court's order dated 27-8-77. 2. In the trial court these were proceedings under Section 198 (4) of U.P. Act I of 1951 and by the aforesaid order the trial court cancelled the allotment done by L.M.C. vide its resolution dated 10-5-76 in favour of revisionists in respect of plots nos. 131 and 183. These plots were declared surplus in proceedings under the U.P. Imposition of Ceiling on Land Holdings Act. 3. Under Section 27 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, the mode of settlement of surplus land has been given. In accordance with sub-section (3) of Section 27, any remaining surplus land shall be settled by the collector in accordance with the order of preference and subject to the limns specified in sub-sections (1) and (3) of Section 198 of U.P. Act I of 1951. Under sub-section (4) of the said Section, the Commissioner is authorised to make enquiries either of his own motion or on the application of any aggrieved person in respect of the procedure regarding settlement. Section 27 of the Act reads as under:- "27. Settlement of surplus-(1) The State Government shall settle out of the surplus land in a village in which no land is available for community purposes or in which the land as available is less than 15 acres with the Gaon Sabha of that village so however that the total land in the village available for community purposes after such settlement does not exceed 15 acres. The land so settled with the Gaon Sabha shall be used for planting trees, growing fodder or for such other community purposes, as may be prescribed. (2) The State Government may either settle any surplus land in accordance with sub-section (1) or sub-section (3) or use or permit its use in accordance with Section 25 or manage or otherwise deal with it in such manner as it thinks fit. (3) Any remaining surplus land shall be settled by the Collector in accordance with the order of preference and subject to the limits specified respectively in sub-sections (1) and (3) of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. (3) Any remaining surplus land shall be settled by the Collector in accordance with the order of preference and subject to the limits specified respectively in sub-sections (1) and (3) of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. (4) The Commissioner may of his own motion and shall on the application of any aggrieved person enquire into such settlement and if he is satisfied that the settlement is irregular, he may, after notice to the person in whose favour such settlement is made to show cause: (i) cancel the settlement and the lease, if any, and thereupon, notwithstanding anything contained in any other law or in any instrument, the rights, title and interest of person in whose favour such settlement was made or lease executed or any person claiming through him in such land shall lease, and such land shall revert to the State Government; and (ii) direct that every person holding or retaining possession thereof may be evicted, and may for that purpose use or cause to be used such force as may be necessary. (5) Every order passed by the Commissioner under sub-section (4) shall be final. (6) The Commissioner acting of his own motion under sub-section (4) may issue notice, and an application under that sub-section may be made,- (a) in the case of any settlement made or lease granted before November 10, 1980, before the expiry of a period of two years from the said date." 4. In the instant case, the surplus land was allotted by the Land Management Committee which was against the provisions of law. Since the power for settlement of land vested with the Collector, hence, the settlement of surplus land by the Land Management Committee was highly irregular. However, since the land was surplus land, the Additional Collector had no jurisdiction to proceed with the leases granted in respect of surplus land. With this view, I accept the reference and set aside the orders passed by the learned Additional Collector. Let the case be sent to the Commissioner concerned for proceeding with the matter in accordance with the provisions contained under Section 27 of U.P. Imposition of Ceiling on Land Holdings Act, 1960.