JUDGMENT Bhairo Prasad, Member. - This is reference under Section 333-A of U.P. Act No. 1 of 1951. 2. In the court of Tahsildar/Assistant Collector, 1st Class Nagina, District Rampur proceeding under Section 122-B of U.P. Act No. 1 of 1951 started that opposite party Ram Dayal has encroached upon plot No.586 area 0-03 by constructing a wall in village Kunwarpur Nankar, Tahsil Swar, Distric Rampur. The trial Court has withdrawn that notice on 22.12.1980. Against that order the revision was filed before the Commissioner, Moradabad who has referred that revision here to accept and set aside the order dated 22.12.1980 and that there is finding of the trial court that the encroachment has been removed, therefore, the damages upto that period should be realised form the opposite party. No objection had been made against this recommendation. 3. There is Khasra extract of 1387 fasli in which plot No. 586 area 0-03 is recorded as abadi. In the notice the surrounding of the disputed plot has been shown in the north land of Gaon Sabha, in south house of Ram Dayal,in east land of Gaon Sabha and in west old abadi. In the Khasra the disputed plot is also shown to be abadi. In the report of the Kanungo and Tahsildar the plot is also shown to be abadi, hence the disputed plot might have been the part of old abadi over which Gaon Sabha has no right. Therefore, the proceeding which started against opposite party is not justified. Therefore, the reference is not accepted and it is accordingly rejected.