JUDGMENT Bhairo Prasad, Member. - This reference ha been referred under Section 333-A of U.P. Act No. 1 of 1951 by Additional Commissioner, Moradabad, vide his recommendation dated 24.1.1989. 2. In the court of Upper Collector (Vitta and Rajaswa) Moradabad proceeding under Section 198 (4) of U.P. Act No. 1 of 1951 was initiated on the report of the Tahsildar and decided on 3.2.1988. The trial court came to the conclusion that the allottees have not proved their case and have absented. The lekhpal has not appeared inspite of summon to give his evidence, therefore,the allotment is cancelled. Revision was filed against that order. The revisional court has recommended that the Land Management Committee was not impleaded as party, therefore, whole proceeding of the trial court is null and void. 3. I have heard the learned D.G.C (R)alone. Nobody has come on behalf of the applicant. Perused the record. No objection has been filed. 4. I am of the opinion that in a proceeding under Section 198(4) of U.P. Act No. 1 of 1951 Land Management Committee is necessary party. The allotment cannot be cancelled unless it is proved that the allotment is illegal and irregular. This burden lies on the State and not the allottees. Therefore, the trial court's order on merit also suffered with material illegality. Therefore the reference is accepted and the trial court's order dated 3.2.1988 is set aside and the case is sent back to the trial court to decide it afresh after impleading L.M.C. as party and giving opportunity to the revisionist to adduce evidence.