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JASPREET SINGH
Madeena – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
JASPREET SINGH, J.
1. Heard Shri Rajeiu Kumar Tripathi, learned counsel for the petitioner, Shri Ajay Kumar Singh Tomar, learned counsel for the State-respondent Nos. 1 to 4, Shri Pankaj Gupta, learned counsel for respondent No. 5 and Shri Nitin Srivastava, learned counsel for private respondent Nos. 6 and 7.
2. In view of the controversy, which is involved in the instant petition, with the consent of learned counsel for the parties, the matter is being disposed of at the admission stage itself.
3. The petitioner has approached this Court assailing the order dated 27.06.2024 passed by respondent No. 4 entertaining the revision preferred by private respondent Nos. 6 and 7 and granting an interim order, whereby the order dated 01.05.2024 passed by the Tehsildar impugned therein has been stayed.
4. The submission of learned counsel for the petitioner is that the mutation proceedings were being contested between the petitioner and private respondent Nos. 6 and 7. After hearing the parties, the court of Tehsildar, Payagpur, District-Bahraich had passed an order in favour of the petitioner on 01.05.2024. The petitioner apprehending that private respondent Nos. 6 and 7 may escalate
The court upheld the validity of an interim order despite procedural claims regarding caveat linkage, emphasizing that the revision was filed prior to the caveat.
The court emphasized that orders affecting rights must follow due process, ensuring fair opportunity for all parties before any decision is made.
The court emphasized that non-compliance with caveat procedures under Section 148-A C.P.C. violates natural justice, necessitating recall of any adverse interim orders.
An order passed without issuing notice to involved parties and without condoning delay is jurisdictionally incorrect, violating principles of procedural fairness.
The principle of res judicata applies at different stages of litigation, and failure to challenge prior decisions precludes subsequent applications on the same issues.
Orders must adhere to principles of natural justice, and failure to do so renders them invalid.
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