B.P.NILARATNA, J. - (1.) THIS reference has been made by the learned Additional Commissioner, Allahabad Division, Allahabad in revision petition No. 91 of 1992-93 arising out of the order dated 20-84993 in case No. 120 under Section 198 (4) of the UPZA and LR Act.
(2.) I have heard the arguments of the learned Counsel for the parties and have also perused the records. The learned Additional Commis­sioner has observed in his order that the LMC has not been made a party to the proceedings which is mandatory in law. Moreover, no notice has been issued to the Chairman, LMC and notice to the Pradhan of the Gaon Sabha does not amount to the notice to Chairman, LMC. I do not see any reason to interfere with his conclusions.
(3.) AGREEING with the recommenda­tion of the learned Additional Commis­sioner, I accept the reference, allow the revision, set aside the order dated 11-12-1989 passed by the learned Additional Collector, Fatehpur and remand the case to the Collector, Fatehpur for decision afresh on merits according to law after impleading the LMC as a party to the proceedings and affording opportunity of hearing and evidence to both the parties in the light of the observations made by the learned Additional Commissioner in his referring order. Reference accepted.;