JUDGMENT Bhairo Prasad, Member. - These two references have been made by the Addl. Commissioner, Agra Division, Agra vide his recommendation dated 9-6-1980 under Section 333-A of U.P. Act No. 1 of 1951 against the order of the Collector, Aligarh dated 25-9-1979 passed in a proceeding under Section 198 (4) of U.P. Act No. 1 of 1951. 2. The Allotment of the revisionists was challenged on the ground that plot No. 639 area 1-18-90 was allotted to them for agricultural purposes. This land is grave yard on the spot. The trial court after taking the inquiry cancelled the leases of the suit plot except 0-7-0 for which the allotment was not cancelled. The revisionist filed revision which has been recommended to this court that no show cause notice was issued to the allottee, therefore, the order of the Collector dated 25-9-1979 should be set aside and the case be remanded for fresh trial. 3. I have heard the learned counsel for the revisionist as well as learned D.G.C. (R.). Perused the record. 4. This proceeding was concluded before the trial court on 25-9-1979, therefore, there is no necessity to issue show cause notice as provided under Section 198 (5) of U.P. Act No. 1 of 1951. In these circumstance the recommendation made by the learned Commissioner is against the law, therefore, these reference are not worthy of being accepted. The learned counsel for the revisionist argued that some civil suit is pending in the civil court. However the proceeding under Section 198 (4) is subject to the decision of the regular suit. If the points which are here in dispute are also in dispute in the civil court, hence the order of the civil court will supersede. However, the finding recorded by the trial court that the plots in dispute is a grave yard is a finding of fact and conclusive for this proceeding. Therefore, these references are not accepted and they are accordingly rejected. This order shall govern Reference Nos. 316-317 of 1980-81/Aligarh.