Orders must adhere to principles of natural justice, and failure to do so renders them invalid.

JUDGMENT :

Jaspreet Singh, J.

1. Heard learned counsel for the petitioner Sri Upendra Singh learned Standing counsel for the State and Sri Virendra Shukla learned counsel for the private respondent no.3.

2. In pursuance of the order passed by the Court dated 13.08.2024 this matter has been placed today and the then Tehsildar Ms. Vaishali Ahlawat is present in Court along with the record pertaining to the case under Section 34 of the Revenue Code, 2006 (Shubham Singh vs. Suryabhan Singh @ Vishwavijay Singh).

3. In order to put the matter in a perspective it will be necessary to notice certain facts. The petitioner has filed the instant petition assailing the order dated 25.04.2024 passed by the Additional Commissioner (Judicial) Ayodhya Division, Ayodhya whereby it rejected the revision preferred by the petitioner on the ground that the order impugned is merely interlocutory in nature and in any case, since the petitioner would have adequate opportunity to canvas its case before the Tehsildar. Hence, the revision was declined.

4. The petitioner has specifically stated that the order impugned is bad in eyes of law in as much as it is without due notice and against the settled legal principles of law. It is case of the petitioner that the proceedings were pending before the Court of Tehsildar, Tehsil Sirauli, Gauspur Barabanki and on 20.03.2024 the parties had appeared before the court concerned. On the said date, an application is said to have been moved by Shubham Singh who was the plaintiff before the Court seeking an interim protection. On the said date, on the said application it was noticed that the matter be put up with file fixing 27.03.2024. It is also the case of the petitioner that once the matter was listed on 27.03.2024 there was no occasion for the Presiding Officer to have passed the order dated 20.03.2024 itself and grant interim relief which is behind the back of the petitioner and per se in violation of principles of natural justice.

5. It is the aforesaid factual background that the petitioner had approached this Court assailing the order dated 20.03.2024 passed by the Tehsildar as well as the order passed by the Revisional Court rejecting the revision.

6. This Court had called for the record and from the perusal thereof it appears that while proceedings were pending before the Tehsildar the present petitioner had moved an application for transfer before the S.D.M. The said application for transfer came to be rejected by means of the order dated 18.03.2024 and it was directed that both the parties shall be present before the court of Tehsildar on 20.03.2024. As the order depicts that on 20.03.2024 the case was called out, both the parties were present and it states that both the parties had moved their separate applications seeking interim protection. The order further goes on to state that the applications have been disposed of and the order shall be placed on record separately fixing 27.03.2024 as a next date. It is thereafter a second order in the handwriting of the Presiding Officer was passed on 20.03.2024 itself in terms whereof, as an interim measure as sought by the private respondent no.3 herein, the earlier order dated 07.11.2023 was stayed. This second order came to be assailed on the ground that once the order had been passed there was no occasion for the officer to have pass another order on the very same day.

7. From perusal of the original record, it indicates that only one application is available on record, dated 20.03.2024 which was moved by Shubham Singh before the court concerned and on the said application on the margin, it is noted by the officer put up with file.

8. For clarity the application, the order thereof as well as the order dated 20.03.2024 passed at the first instance followed by the hand written interim order dated 20.03.2024 are being scanned and reproduced hereinafter for ready reference.

9. From the perusal of the aforesaid it would indicate that there were no two applications filed b