JUDGMENT Bhairo Prasad, Member. - This reference has been made by Addl. Commissioner, Agra Division, Agra vide his recommendation Dated 3.8.1991. 2. The brief facts of the case are that in the court of Assistant Collector Khair, district Aligarh an application was filed by Sri Kartar Singh on 30.4.1990 under Section 122-D of U.P. Act No. 1 of 1951. The application was transferred by the Sub-Divisional Officer to the court to Tahsildar for disposal on 17.7.1990. Against that order Rakesh Kumar and others filed revision under Section 333-A Of U.P. Act No. 1 of 1951 that Thasildar is not competent to try the proceeding under Section 122-D of U.P Act No. 1 of 1951. The learned Addl. Commissioner has referred the revision that the order of the S.D.O. dated 17.7.90 is against law. The Sub-Divisional Officer is only competent to proceed with the application under Sec. 122-D of U.P. Act No. 1 of 1951. 3. One Pitamber Singh Advocate had appeared in this reference for the Opposite Party. No one is present for the revisionist. Perused the record. 4. Opposite party claimed that he want to withdraw the whole proceeding for that he has moved the application in this court. However, the original proceeding initiated in the court of Sub-Divisional Officer, hence it cannot be permitted to be withdrawn at this stage. He may press this application in the trial court. However he has no objection against the reference. I, therefore, accept it and set aside the order of the S.D.O. dated 17.7.90 and direct to proceed in accordance with the recommendation of the Addl. Commissioner.