JUDGMENT Bhairo Prasad, Member. - This reference has been made by Additional Commissioner, Varanasi Division, Varanasi vide his recommendation dated 3-10-1980. 2. A proceeding under Section 122-B of U.P. Act No. 1 of 1951 started in the court of Tahisildar. That proceeding was decided ex-parte on 28-7-1978. Restoration application was filed against the order which was allowed on 27-10-1978 the trial court after conducting the fresh enquiry passed order on 26-2-1979 that the order dated 28-7-1978 is a gain confirmed. Against that order revision was filed before the learned Additional Commissioner under Section 333 of U.P. Act No. 1 of 1951. The Additional Commissioner has recommended that there was no order in existence of dated 28-7-1978, hence the trial court again confirmed that order vide its order dated 26-2-1979 is apparent on the face of record. 3. Heard the learned counsel for the both parties. Perused the record. 4. The order of the trial court was passed with material illegality and irregularity, therefore, the recommendation of the Additional Commissioner is accepted and the order of the trial court dated 26-2-1979 is set aside. The trial court is directed to decide the reference in accordance with law as per recommendation of the Additional Commissioner