PREMWATI Vs. STATE OF U.P.

JUDGEMENT

(1.) AN application dated 11-2-1999 was moved by way of revision against the order of the SDO passed on 3-10- 1998. It has been alleged in the application that this ex parte order was passed without giving an opportunity to the applicant.

(2.) A perusal of the order reveals that the applicant has Asami rights and the Patta were cancelled on the direction of the Collector. It is not clear from the record whether the Pattas were cancelled after the expiry of the tenure or before that. Hence, the file is sent back to the SDO with the direction that is the Pattas were cancelled before the expiry of the tenure, the applicant should be given an opportunity of being heard and a speaking order passed. However, if the cancellation was for merely correction of record consequent to the expiry of the tenure, no such opportunity would be required to be given as the applicant would have ceased to have any right the moment the tenure was over.