JUDGMENT Bhairo Prasad, Member. - This reference has been made by Additional Commissioner, Moradabad Division, Moradabad vide his order dated 28.8.1987. 2. A proceeding started in the court of Additional Collector, Moradabad under Section 198(4) of U.P. Act No. 1 of 1951 on the application of Jagat Sigh dated 11.9.1984. The learned Additional Collector after inquiry cancelled the lease vide his order dated 9.3.1987. The revision was filed in the court of Additional Commissioner who has referred it on two grounds that no notice was issued in the matter under Section 198(5) of U.P. Act No. 1 of 1951, hence the allotment could not have been cancelled. The learned Addl. Commissioner has also recommended that no finding on the public path has been decided properly by the trial court. The learned Additional Commissioner also directed to the parties to appear in this court on 28.9.1987. 3. I have heard the learned counsel for the applicant. Perused the record. No body has appeared from the side of the opposite parties. 4. Now lease can be cancelled after the amendment of the Section 198 and incorporation of Sub-section 5 of U.P.Z.A. & L.R. Act, hence the order of the trial court is in illegal exercise of the jurisdiction. Hence it is set aside and he is directed to issue show cause notice under Sub-section 5 of the Section 198 of U.P. Act. No. 1 of 1951 then to proceed and to decide the case afresh.