JUDGMENT R.P. Gupta, Member - The present revision was filed by Raj Kumar against Ram Sajiwan etc. in the court of Addl. Commissioner Allahabad who vide his order dated 4.1.91 recommended that the present revision should be accepted and the order of the Addl. Collector, Fatehpur dated 5.7.90 passed under Rule 1.15P of U.P. Z.A. & L.R. Rules be set aside. By his order dated 5.7.90 the Addl. Collector Fatehpur cancelled the Abadi Patta of the revisionist Raj Kumar given to him under the resolution of L.M.C. dated 25.1.89 approved by S.D.O. on 10.2.89. The patta was cancelled on the ground that he already had a house for his residence and as such he was not the right person to whom the Abadi plot could have been allotted. 2. The learned D.G.C. (R) had taken a preliminary objection that the order of the Additional Collector was passed under Section 122C (6) of the U.P.Z.A. & L.R. Act and as such the order in question is not revisable by this Court. The learned counsel for the revisionist argued that the order passed by the Additional Collector was under Rule 115P of U.P.Z.A. & L.R. Rules and not under Section 122-C and as such it was revisable. 3. The point to be determined here is which patta will be covered by Section 122C of the U.P.Z.A. & L.R. Act and which orders of the Collector will be covered by Section 122C (6) of the Act so as to debar revisions under Section 122C(7)of the Act. 4. It is settled law that the order passed by the Collector u/s 122C (6) of the U.P.Z.A. & L.R. Act is not revisable by this court in view of the provision of Section 122C (7) of the Act, in which from its inception since 24.5.71 it was mentioned that every order passed by the Asstt. Collector in charge of subdivision under Sub-section (4) shall subject to the order of Collector under Sub-section (6) and every order passed by the Collector under Sub-section (6) shall be final and the provision of Section 333 of the Act shall not apply in relation thereto. This Section 122C was introduced for the first time, by U.P. Ordinance No. 8 of 1971 published in U.P. Gazettee (Extra ordinary) dated May 24, 1971. This Section 122C was introduced for the first time, by U.P. Ordinance No. 8 of 1971 published in U.P. Gazettee (Extra ordinary) dated May 24, 1971. This Section was retained by Section 3 of U.P. Land Laws (Amendment) Act 1971 (U.P. Act No. 21 of 1971) retaining even its sub-section (7) prohibiting revisions u/s 333 of the Act. Section 333 A was added by Section 4 of U.P. Land Laws (Amendment) Act 1986 of U.P. Act No. 24 of 1986. Even before this amendment of 1986, the order passed u/s 122-C (6) was not revisable u/s 333A in view of the Full Bench decision of the Board of Revenue Sevak v. Land Management Committee, 1982 RD 304. The Hon'ble Allahabad High Court also in Ram Yag v. Addl. Commissioner, Varanasi, 1991 RD 51 (H) held that in view of the Section 122C (7) of the Act, the order in question was not revisable. 5. Before the introduction of Section 122C of U.P.Z.A. & L.R. Act i.e. before 24.5.71 there was no provision in the Act for the allotment of Patta for the purposes of Abadi, though such Pattas were granted under Rule 115L to 115M of the U.P. Z.A. & L.R. Rules and the power in its cancellation was given to Asstt. Collector incharge of sub-division under Rule 115M of U.P.Z.A. & L.R. Rules, as they existed at that time. When present section 122C was introduced by U.P. Ordinance No. 8 of 1971, which came into force with effect from May 24, 1971, Section 128 of the Act was also amended to give power to the State Government to make rules prescribing the procedure for allotment of the Land u/s 122C and the terms and condition on which land allotted u/s 122C shall be held. The same amendment was confirmed by U.P. Land Laws (Amendment) Act 1971 (U.P. Act No. 21 of 1971). The present rules in this regard were actually framed by substituting new Rule 115L to 115P by notification No. 56/Rajaswa A-1 3 (1) 71 dated March 16/17 of 1972. Rule 115P thus simply provides a procedure to be adopted by the Collector or Additional Collector while dealing with the cases of 122C (6) of the Act. The present rules in this regard were actually framed by substituting new Rule 115L to 115P by notification No. 56/Rajaswa A-1 3 (1) 71 dated March 16/17 of 1972. Rule 115P thus simply provides a procedure to be adopted by the Collector or Additional Collector while dealing with the cases of 122C (6) of the Act. The power of cancellation of the Abadi Patta was given to him by Section 122C (6) of the Act which order is made final and was not kept even subject to revision vide sub-section (7) of Section 122C of the Act. 6. Section 122C of the Act came into existence since 24.5.71 without making it retrospective. As such abadi Pattas given before this date cannot be covered by Section 122C (6) of the Act. 7. A careful reading of Section 122C shows that under sub-clause (1) S.D.O. is given power to earmark the land for abadi sites. Under sub-clause (2) and management committee is given power to allot the land mentioned therein for building houses with the previous permission of the S.D.O. Land not covered by it can not be allotted by L.M.C. Subsection 3 of the Act prescribed the order of preference to be observed in making the allotment. The procedure to be followed by L.M.C. in the allotment of land is provided under present Rule 115-M. Where L.M.C. fail to discharge its duties or to perform its function on it is otherwise necessary or expedient, the S.D.O. is authorised under sub-rule (4) to allot such land in accordance with the provisions of sub-section (3). This order of S.D.O. subject to the order of the Collector is made final under sub-section (7). The Collector is authorised under sub-section (6) to interference in the order of the S.D.O. as well as in the matter of allotment by L.M.C. and is authorised to cancel such allotment. Sub-section (7) clearly debarred the revision under Sections 333 and 333A against the order passed under sub-section (4) or (6) of Section 122C of the Act. 8. Every Abadi patta given by L.M.C. or S.D.O. since 24.5.71 is covered by Section 122C of the Act and the order passed in connection with its cancellation by the Collector or Addl. Collector is nothing but an order passed by under Section 122C (6) of the Act. 8. Every Abadi patta given by L.M.C. or S.D.O. since 24.5.71 is covered by Section 122C of the Act and the order passed in connection with its cancellation by the Collector or Addl. Collector is nothing but an order passed by under Section 122C (6) of the Act. It will make no difference whether Rule 115-P or Section 122C (6) is mentioned in the order. This order will not be revisable by this, court or by Commissioner's or Additional Commissioner under Section 333 or 333A of the Act. 9. It may be mentioned that Section 122C of the Act is regarding the allotment of Abadi sites for purposes of building of houses only. Present Rule 115-M of U.P.Z.A. & L.R. Rules provides allotment of Abadi sites for charitable purposes or for purposes of cottage industry besides residential purposes. While residential purpose is covered by Section 122C of the Act, charitable purposes and purposes of cottage industry are not covered by Section 122C of the Act. Thus if any order is passed by Collector or Additional Collector under Rule 115P regarding the pattas allotted for charitable purposes or for the purposes of cottage industry, revision against that order will not be barred under Section 122C (7) of the Act. 10. A comparison of Section 122C (3) of the Act and Rule 115-M of the Rules shown that order of preference given in Section 122C (3) is different than the order of preference given in rule 115M. Where there is a conflict between section of the Act and rules framed thereunder, Act will prevail. Thus in making allotment of Abadi site for residential purposes order of preference given in Section 122C (3) of the Z.A. Act is to be followed and not the order of preference given in Rule 115 M of the Z.A. Rules. As regards allotment of Abadi sites for charitable purposes or for purposes of cottage industry, the order of preference given in Rule 115-M of the Z.A. Rules is to be followed as they are not covered by Section 122C of the Z.A. Act. 11. In the present case before me the Abadi Patta was given by L.M.C. in 1989 for residential purpose and as such the order passed by the Addl. Collector on 5.7.90 was an order passed under Section 122C (6) and is not revisable. 11. In the present case before me the Abadi Patta was given by L.M.C. in 1989 for residential purpose and as such the order passed by the Addl. Collector on 5.7.90 was an order passed under Section 122C (6) and is not revisable. The present reference is not accepted and revision reference is accordingly dismissed, parties shall bear their own costs.