JUDGMENT Bhairo Prasad, Member. - This revision has been referred by the Commissioner Moradabad Division, Moradabad vide his recommendation dated 7-3-1983. 2. In the court of Assistant Collector Swar, district Rampur proceeding under Section 122-B started in respect of plot No. 13 area 0.03 acre against Netrapal. Notice was issued in form 49-K. The notice was with drawn on 21-4-1981. Against that order State Government through collector filed the revision before the learned Commissioner, Moradabad. The learned Commissioner after hearing came to the conclusion that the trial court has not properly decided the proceeding. He also came to the conclusion that opposite party Netrapal was also not given opportunity to lead evidence and to be heard, therefore, he recommended that the order dated 21-4-1981 of the trial court should be set aside and the case should be remanded for fresh trial in the trial court. 3. Heard the learned counsel for the applicant. No one is present on behalf of the O.P. perused the record. 4. I agree with the recommendation of the Commissioner. No objection has been filed against the recommendation. I, therefore, accept the reference and set aside the order of the trial court dated 21-4-1981 and redirect the trial court to adjudicate the proceeding according to the observations made by the learned Commissioner.