JUDGMENT Bhairo Prasad, Member. - This reference has been made by the Additional commissioner (Admn.) Moradabad Division, Moradabad under Section 333-A of U.P. Act No. 1 of 1951 vide his order dated 5.8.1983. 2. Heard the learned counsel for the applicant. Opposite party is absent. Perused the record. 3. In the court of Tahsildar/Assistant Collector 1st Class Swar, district Rampur a report was made under Section 122-B of U.P. Act No. 1 of 1951 that opposite party Chhotey had encroached upon chak road of plot No. 116 area 5 buswas Notice was issued in form 49-K. Chhotey appeared before the trial court and pleaded that he had not encroached any land of the Gaon Sabha. The trial court examined the lekhpal and stated on oath that the opposite party had encroached upon the land and he is still in possession. But the opposite party on oath stated he is not in possession over the chak read. The Pradhan of village also supported his claim. Considering these evidence the trial court dropped the proceeding. Against this finding the learned Additional Commissioner has made this recommendation. 4. I, therefore, accept the recommendation and direct that Tashsildar should visit the spot and if he found that there is an encroachment upon the chak road he will eject the opposite party and impose damages in accordance with law. In case there was no encroachment then he drop the proceeding in accordance with law.