JUDGMENT Bhairo Prasad, Member. - This is reference under Section 333-A of U.P. Act No. 1 of 1951. 2. The proceeding started against Mibarak, opposite party under Section 122-B of U.P. Act No. 1 of 1951 in the court of Tahsildar/Assistant Collector Nagina, district Bijnor. It was alleged that opposite party has encroached 24 Sq. Yard area of plot No. 30 of Gaon Sabha Rampur Chhajmal, Pargana and Tahsil Nagina, district Bijnor. The order was passed on 30.8.1978 and the opposite party ordered to be ejected and a damages up to Rs. 241/- was imposed. On the application of Mubarak that order was set aside on 6.2.1979 and again final order was passed on 16.2.1979 in which the proceeding was dropped and the opposite party was directed to remove the encroachment within a month and in case he fails again proceeding should be started. The state Government filed revision before the Additional Commissioner who recommended that the trial court was not competent to review its own order. The trial court has also dropped the proceeding after recording a finding that opposite party was in possession, therefore, the order of the Tahsildar was beyond jurisdiction and in irregular exercise of the jurisdiction. No objection has been filed against the recommendation. 3. I, therefore, accept the reference, set aside the order of the trial court. I also set aside the order dated 3.83.1978 because this order was passed on a proforma judgment by filling the gap. He is redirected to readjudicate the proceeding afresh in accordance with law.