JUDGMENT P. Singh, Member - This reference has been made by the learned Additional Commissioner, Jhansi Division, Jhansi, vide his order dated 19-3-86 for setting aside the trial court's order dated 31-8-85. 2. Briefly, the facts of the case are that proceedings under 198 (4) of Act I of 1951 for cancellation of lease granted in favour of the revisionist were started suo moto on the ground that the lease-holder's father already held 13.75 acres of land. The lease holder, on the other hand, claimed in his objection that he was a landless agricultural labourer at the time of grant of lease and was an eligible applicant. By order dated 31-8-85 the learned Additional Collector cancelled the lease. 3. I have heard the learned counsels for the parties and have perused the record. 4. The learned counsel for the revisionist points cut that under Section 198 (4) of U.P. Act I of 1951, it is the Collector who has the power to issue a show-cause notice and proceed with the enquiry into an allotment made by the Land Management Committee. 5. Section 198 (4) and the related provisions of the said Section read as under:- "198 (4). 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. (5) No order for cancellation of an allotment or lease shall be made under sub-section (4), unless a notice to show cause is served on the person in whose favour the allotment or lease was made or on his legal representatives: Provided that no such notice shall be necessary in proceedings for the cancellation of any allotment or lease where such proceedings were pending before the Collector or any other Court or authority on August 18, 1980.
(6) Every notice to show cause mentioned in sub-section (5) may be issued- (a) in the case of an allotment of land made before November 10, 1980 (hereinafter referred to as the said date), before the expiry of a period of two years from the said date, and (b) in the case of an allotment of land made on or after the said date, before the expiry of a period of five years from the date of such allotment or lease." 6. From this, it is evident that a show cause notice has to be issued by the Collector and not by any other authority and, in the instant case, the Peshkar to the Court of the Additional Collector had no authority to issue of show cause notice. Consequently, the entire proceedings taken by the learned Additional Collector have become void ab initio, and hence, the instant proceedings are liable to be quashed. 7. Accordingly, the order of the learned Additional Collector dated 31-8-85 is set aside, and the matter is sent back to the learned trial court for proceeding with the matter after issuance of the show cause notices under his signatures.