RADHA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Virendra Singh, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Sri Arun Kumar Yadav, learned counsel representing the respondent No.3.

(2.) Under challenge in this petition is an order dated 20.08.2018, passed by the Sub Divisional Officer/Assistant Collector, Tehsil Mahmoodabad, District Sitapur purportedly under Sec. 38(2) of the U.P. Revenue Code, 2006, whereby on a report submitted by the Tehsildar, Mahmoodabad dated 06.08.2018, the area of plot no. 128 Chha has been allegedly corrected and in place of earlier recorded area of 0.408 hectare, an area of 0.162 hectare has been recorded.

(3.) It has been contended by learned counsel for the petitioner that before passing the said order dated 20.08.2018 and even before submitting the Tehsildar's report dated 06.08.2018, no opportunity of hearing was provided to the petitioner, neither the petitioner was associated with any enquiry on the basis of which the Tehsildar submitted his report dated 06.08.2018.