JUDGMENT Nathoo Lal, Member. - This is a reference made by the Commissioner, Bareilly Division, Bareilly under his Judgement and order dated 11-6-85 passed in Revision No. 27 of 1984 of district Budaun, Maiku v. Rahimuddin and others preferred against the order dated 28-7-84 passed by the Additional Collector, Budaun in a case no. 103 under Section 198 (4) of the U.P. Zamindari Abolition and Land Reform Act, to be called the "Act." 2. Briefly speaking the facts of the case are that revisionist Maiku filed a complaint before the Collector Budaun with the allegations that the land in dispute consisting of plot no. 185 (3 bighas 19 biswas) 189 (16 biswas; and 190 bigha 1 Ibis was) situate in village Mohsampur, Pargana Salempur Tehsil Dataganj, district Budaan is the Gaon Samaj land and is Banjar being used as the public pasture land but the land has been let out illegally to the revisionist Rahimuddin and others The leases were cancelled after enquiry under The orders of Additional Collector dated 28-7-84 against which this revision was preferred. 3. I have heard the learned counsels for the parties and have perused the record. 4. The only point on which the learned Commissioner recommended the case for accepting the reference was a legal point relating to the fact that the land Management Committee through its Chairman was not impleaded in the enquiry proceedings and since it was a necessary party the proceedings have vitiated. The learned Commissioner has pointed out that although the gaon Sabha through Its Chairman. I totally agree with his contentions and hold that even if the Pradhan of the Gaon Sabha is also the Chairman of the Land Management Committee but the legal identities of two bodies are quite different and in that view of the matter the Gaon Sabha cannot represent the Land Management Committee nor the Pradhan to the Chairman of the L.M.C only because of is capacity as Pradhan to preside over the meetings of the L.M.C which is constituted under different legal procedure in comparison to the Gaon Sabha.