The court emphasized that orders affecting rights must follow due process, ensuring fair opportunity for all parties before any decision is made.

JUDGMENT :

JASPREET SINGH, J.

1. Heard learned counsel for the petitioners. Notice on behalf of respondent nos. 1, 2 and 3 has been accepted by the office of the learned Standing Counsel. Sri Pankaj Gupta, learned counsel has accepted notice on behalf respondent no. 4-Gaon Sabha.

2. Sri Diwakar Shukla, learned counsel has put in appearance on behalf of the private respondent nos. 5 to 8 and has filed his valatnama which is taken on record.

3. The contention of learned counsel for the petitioners is that against an order passed under Section 35 of the U.P. Revenue Code, 2006, the petitioners have filed an appeal before the First Appellate Court i.e. the Sub Divisional Magistrate, Tehsil Kunda, District Pratapgarh which was registered on 15.10.2024. The appeal was admitted and till the next date the impugned order dated 09.10.2024 was stayed. The parties were also issued notice and the paper book of the mutation court was also summoned.

4. It is urged that on the very next date i.e. 16.10.2024, the Court passed the impugned order wherein it was stated that the caveat was filed on the very same day, however, the Reader was on leave and apparently a correct endorsement regarding availability of caveat could not be made which resulted in passing of the order dated 15.10.2024 and since there was a caveat, accordingly, the interim order staying the operation of the order dated 09.10.2024 was recalled and thereafter notices were issued to the parties fixing 22.10.2024 is the next date.

5. It is in the aforesaid backdrop that the Court had required the learned Standing Counsel by means of order dated 20.01.2025 to seek instructions and for ready reference, the same is being reproduced hereinafter:-

"Heard learned counsel for the petitioners and learned Standing counsel for the respondent State.

In pursuance of the order dated 21.11.2024, notices were issued to the private respondents nos.5 to 8.

As per office report dated 13.1.2025, notice to respondent nos.5 to 8 is deemed to be sufficient.

As none appeared on behalf of private respondents, put up this case on 22.1.2025, as fresh.

Learned Standing counsel shall seek complete instructions including the date on which the caveat was filed before the court and specific details regarding the date of the affidavit cum postal receipts and the time inscribed thereon."

6. In furtherance thereof, the learned Standing Counsel has provided the written instructions under the signatures of the Sub Divisional Magistrate, Kunda, Pratapgarh dated 21st January, 2025 wherein in paragraph 4, it has been indicated that the caveat is dated 14.10.2024, however, the notice sent to the respondents in the caveat by registered post is dated 15.10.2024 and the time for submitting the postal cover is 11:28 AM.

7. It is further stated in the said instructions that after affording opportunity to the parties, the interim order dated 15.10.2024 was recalled.

8. It is further stated that the appeal is now fixed for hearing on 24.01.2025 and an attempt would be made to decide the same expeditiously after hearing the parties concerned on merits.

9. Sri Diwakar Shukla, learned counsel appearing for the respondent nos. 5 to 8 submits that the vakalatnama is on behalf of respondent nos. 5 in his personal capacity as well as as as power of attorney holder of the respondent nos. 6 to 8 and a copy of the registered power of attorney has also been provided to the Court for perusal and the same is taken on record.

10. Since all the contesting parties are duly represented and looking into the trivial nature of the dispute, with the consent of the learned counsel