JUDGMENT P. Singh, Member - This revision has been filed against the judgment and order dated March 24, 1985 passed by the the Learned Additional Commissioner, Jhansi Division, Jhansi in Revision No. 145/108 of 1983-84. 2. The proceedings for cancellation of lease under Section 198(4) of Z.A. Act I of 1951 were started against the lease holder-revisionist on the report of Tehsil that the had more than 9.37 acres of land. After recording the evidence of parties and hearing them, the trial court cancelled the lease. A revision was preferred before the learned Additional Commissioner who maintained the order of Collector of Lalitpur and dismissed the revision. 3. I have heard the learned counsel for the revisionist and the learned D.G.C.(R.) and have perused the record. 4. The learned counsel for the revisionist points out that under Section 198(4) of U.P. Zamindari Abolition and Land Reforms Act, I of 1951, it is the Collector who has the power to issue 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, enquire 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 of 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.
(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. Form 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 reader to the court of the Additional Collector has no authority to issue the show cause notices. Consequently, the proceedings taken by the learned Additional Collector have become void ab initio. Hence, the orders passed by both the courts below are liable to be set aside. 7. Accordingly, the provisions is allowed the orders passed by the learned Additional Collector and the learned Additional Commissioner, Jhansi Division, Jhansi, are hereby set aside, and the matter is sent back to the Collector for proceeding with the matter after issuance of show cause notice under his signatures.