128. (1) The Collector may, of his own motion and shall on the application of any person aggrieved, inquire in the manner prescribed into any allotment and if he is satisfied that the allotment is in contravention of the provisions of this Code or any of the enactments repealed by this Code or the rules made there under he may cancel the allotment and the lease, if any.
(a) [ * * * * ]
(b) [ * * * * ]
(1-A) [Under the provisions of sub section (1), an application may be moved to the case of an allotment or lease of land made before or after the commencement of this code, within five years from the date of such allotment of lease.]
(2) Where the allotment or lease of any land is cancelled under sub-section (1), the following consequences shall ensue, namely —
(a) the right, title and interest of the allottee or lessee or any other person claiming through him in such land and in every tree or other improvement existing thereon shall cease, and the same shall revert to the [Gram Panchayat] ;
(b) the Collector may direct delivery of possession over such land, tree or improvement forthwith to the [Gram Panchayat] after ejectment of every person holding or retaining possession thereof and may for that purpose use or cause to be used such force as may be necessary.
(3) Where in proceedings for cancellation of allotment or lease referred to in Clause (b) of sub-section (1) the Collector is satisfied that nay land referred to in section 77 excepting clause (a) or clause (h) or (i) thereof has been allotted to any person as bhumidhar with nontransferable rights, he may instead of canceling the allotment or lease, direct that the allottee or lessee shall be treated as an asami under clause (b) of section 125.
(4) Every order made by the Collector under this section shall subject to the provisions of section 210, be final :
(5) The provisions of sections 5 and 49 of the Uttar Pradesh consolidation of Holdings Act, 1953 shall not apply to the proceeding under this section.