JUDGMENT Bhairo Prasad, Member - This reference has been by the Addl. Commissioner, Agra Division, Area vide his recommendation dated 30.3.1988 under section 333-A of U.P. Act. No. 1 of 1951. 2. Gulab Singh was allotted land by the land Management Committee Pilua, Tahsil and district Etah. The allotment was challenged and a proceeding started under Section 198 (4) of U.P. Act No. 1 of 1951 against the revisionist. The allotment was cancelled by the order of the Addl. Collector dated 15.12.1987. The allottee then filed the revisions before the Addl. Commissioner who has recommended the revision to be with the allottee's. This fact need to be asserted by the trial court, therefore the recommended that the order of the trial court should be set aside and the case should be remanded. 3. I have heard the learned counsel for the revisionist. No one is present from the side of the Opp. Party. Perused the record. 4. The proceeding started on the complaint of Chob Singh. The complaint was filed in the trial court on 21.7.1984. The show cause notice under Section 198 (5) was issued on 21.7.1984 and after the issue of the notice the trial court decided the proceeding and cancelled the leases. The allegation of the show cause notice was not proved by the State therefore, the proceeding has been decided by the trial court without any evidence. After the show cause notice it is duty of the State to proved and opportunity should be given to the allottee's to adduce evidence in support of his allotment. In the circumstance of the case the order passed by the trial court perfectly illegal in the exercise of the jurisdiction vested in the trial court. 5. Therefore, the reference is accepted. The trial court is directed to decide it afresh in accordance with law.