Due process requires that all parties be notified and given an opportunity to be heard before any order affecting their rights is made.

 ORDER :

1. Petitioner is aggrieved of order dated 20.07.2023 passed by the Court of Sub-Judge Ganderbal, allowing the application filed under Section 151 CPC by one Faika Farooq W/o Syed Irfan Ahmad Bukhari R/o Usman Abad Buchpora, seeking clarification of order dated 01.10.2013 in a suit titled Abdul Gani Parray v. State and Others. The clarification was sought of an order dated 01.10.2013 passed in an application for grant of interim relief, whereby parties were directed to maintain status quo vis-à-vis the possession and alienating the suit property. The applicant in the application seeking clarification of order was not the party to the suit property. The said application was filed on 20.07.2023 and was disposed of vide order dated 22.07.2023 by passing the following order:

“This order will dispose of the application filed by one lady namely Faika Farooq W/o Syed Irfan Ahmad Bukhari R/o Usman Abad Buchpora, Srinagar, seeking clarification of the order dated 01.10.2013, whereby parties have been directed to maintain status quo on spot with respect to the suit property to the extent that the order will bar the revenue officials to effect mutation on the basis of the registered sale deed. That the applicant stated in her application that the applicant has purchased land measuring 1 Kanal falling under Survey No. 742 min, Khata No. 264, Khewat No. 19 situated at mouza Khalamulla from Abdul Rehman Dar S/o Gaffar Dar R/o Khalmulla Tehsil Ganderbal, in the year 2022 and after the payment of whole consideration amount the possession stands delivered to the applicant and the defendant no.4 namely Abdul Rehman Dar then after executed the sale deed in favour of the applicant which stands duly signed by the Sub-Registrar, Ganderbal on 22.12.2022. After the registration of the sale deed the applicant approached the revenue authorities for effecting the necessary mutation on the basis of the sale deed but unfortunately, the revenue authorities under the garb of the order dated 01.10.2013 are not effecting the mutation on the basis of the sale deed.

Heard Ld. Counsel for the applicant perused the application as well as the record admittedly the sale deed stands registered by the Sub-Registrar, Ganderbal on 22.12.2022 neither the sale deed is impugned before this Court nor the applicant is a party to the suit and at the same time effecting of the mutation is completely the domain of the revenue authorities and by virtue of the order dated 01.10.2013 revenue authorities have not been barred to perform their official duties within their domain.

Accordingly, the order dated 01.10.2013 is clarified to the extent that the revenue authorities are not barred to effect the necessary mutation as per law in favour of the applicant on the basis of the Registered sale deed mentioned supra. As such the order dated 01.10.2013 is clarified accordingly. Application is disposed of. Be made part of the main file.”

2. Notice of this petition was issued to respondent no.2, but he did not appear and on previous date of hearing, this Court observed as under:-

“There is no need for the service of respondent no.1 in the context of present case.

The petitioner herein has laid a civil suit in which there are four defendants namely State of Jammu and Kashmir (now Ut of J&K), Tehsildar Ganderbal, Patwari Halqa Khalmulla Ganderbal and Ab.

Rahaman Dar.

The trial court of Sub-Judge, Ganderbal acting in response to an application filed under Section 151 of the Code of Civil Procedure by non-suit party. Mst. Faika Farooq with respect to clarification of an order dated 01.10.2013 came to pass an order dated 20.07.2023, aggrieved whereof the petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India.

The applicant Faika Farooq is the respondent no.2, who is the interested party and as such the respondent no.1 has no say in the matter because at his end he did not seek any clarification with respect to the order dated 01.10.2013 passed by the ci