SHER SINGH Vs. STATE

JUDGEMENT

(1.) A revision was filed on 11-12-2000 against the order dated 16-10-1998 passed by the S.D.O. It has been alleged in the application that this ex-parte order was passed without giving an opportunity to the applicant who was an Asami Patta holder.

(2.) A perusal of the order reveals that the applicant had Asami rights and the pattas 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 SDO with the direction that of the pattas were cancelled before the expiry of the tenure, the applicant should be given as opportunity of being heard and a speaking order passed. However, if the cancellation is merely for 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.