JUDGMENT P. Singh, I.A.S., Member. - This reference has been made by the Additional Commissioner, Lucknow Division, Lucknow, vide his order dated 8-12-83 for modifying the trial court's order dated 28-9-78 to the extent that the lease holders' lease will be changed into an Asami Patta. 2. The facts in brief are that the revisionists. Ram Sewak and others, moved an application to the Collector under Section 198 (4) of U.P. Act I of 1951 for cancellation of lease granted in favour of the opposite parties, alleging that the land in dispute was abadi and was in their possession, that the applicants had purchased this land from the Zamindar through a sale deed dated 10-7-82, that Gaon Sabha was neither in possession nor had any title and the grant of lease by it to the opposite parties in respect of the land in dispute was illegal. The allottees filed an objection alleging that the lease was validly granted to them. The trial court rejected the application by order dated 28-9-78. 3. I have heard the learned counsel for the revisionists and perused the record. None has appeared for the opposite parties. 4. The learned Additional Commissioner says that the land in dispute in respect of which lease for sirdari rights was executed is abadi land and is of public utility and as such no lease for sirdari rights could be given to the Land Management Committee. He is also of the view that the trial court should have converted the lease for sirdari rights into that of asami rights. I find that this view of the learned Additional Commissioner is not correct. The procedure for grant of lease by the Land Management Committee have been provided under Sections 195, 197 and 198 of U.P. Act I of 1951. Section 195 reads as under : - " 195. Admission to land. - The Land Management Committee with previous approval of the Assistant Collector-in-charge of the sub-Division shall have the right to admit any person as bhumidhar with non-transferable rights to any land other than land being in any of the classes mentioned in Section 132 where - (a) the land is vacant land, (b) the land is vested in the Gaon Sabha under Section 117, or (c) the land has come into the possession of Land Management Committee under Section 194 or under any other provision of this Act." 5.
Section 198 of U.P. Act 1 of 1951 provides order of preference to be followed in admitting persons to land under Sections 195 and 197. Section 197 makes it very clear that the Land Management Committee shall have the right to admit any person as an asami to any land falling in any of the classes mentioned in classes (a), (b) and (c) of Section 197. The land in question is abadi, as has been held by the learned Additional Commissioner, and it comes under sub-clause (vi) of Section 132 as this land has been set apart for abadi by the Assistant Collector in-charge of the sub-Division. On account of this, no lease for sirdari rights could be given by the Land Management Committee in respect of the land in question and courts have no right to convert sirdari rights into that of asami rights. In view of this, the recommendation made by the learned Additional Commissioner is not acceptable and the lease granted in favour of opposite parties in respect of abadi land cannot be maintained. 6. In consequence, the revision is allowed, the order of the trial court dated 28-9-78 is set aside, and the lease granted in favour of the opposite parties in respect of abadi land shall stand cancelled. However, the Land Management Committee will have a right to admit the allottee again to the land in question after observing all the formalities as required by law.