Rameshchandra Sukhdevbhai Patel vs State Of Gujarat on 7 August, 2019

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Gujarat High Court

Rameshchandra Sukhdevbhai Patel vs State Of Gujarat on 7 August, 2019

Bench: A.J.Desai

         C/SCA/1138/2019                                       ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 1138 of 2019

=============================================
                  RAMESHCHANDRA SUKHDEVBHAI PATEL
                               Versus
                         STATE OF GUJARAT
=============================================
Appearance:
MR UTPAL M PANCHAL(1075) for the Petitioner(s) No. 1
MR JAYESH A DAVE(253) for the Respondent(s) No. 3
MR KM ANTANI, ASSTT. GOVERNMENT PLEADER for Respondent(s) No. 1,2
=============================================
 CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                             Date : 07/08/2019
                               ORAL ORDER

[1.0] RULE. Learned AGP waives service of notice of Rule on behalf of the respondent Nos.1 and 2 and Mr. Jayesh Dave, learned advocate waives service of notice of Rule on behalf of the respondent No.3. With the consent of learned advocates appearing for respective parties, petition is taken up for final hearing today.

[2.0] By way of the present petition under Articles 14 , 16 , 19 and 226 of the Constitution of India, following prayers have been made.

"(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the Resp. No.2 to mutate the entry of lis pendence as per the application given by the petitioner;

(B) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the Resp. No.2 to mutate the entry of lis pendence as per the application given by the petitioner;"

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[3.0] It is the case of the petitioner that an application was made to the concerned Mamlatdar for mutating the entry with regard to lis pendence of Special Civil Suit No.159/2018 pending in the Court of learned Civil Judge (S.D.), Vadodara. However, the Mamlatdar has refused to mutate the said entry on the ground that there is no such provision in the Land Revenue Code. He would further submit that this order is contrary to the provisions of law as well as the decision in the case of Dipakbhai Manilal Patel & Anr. vs. State of Gujarat reported in 2007(2) GLR 1297.

[4.0] Having heard learned advocates appearing for the respective parties and considering the facts of the case on hand and the ratio laid down in the case of Dipakbhai Manilal Patel & Anr. (Supra), I am of the opinion that the petition requires consideration.

[5.0] In view of the above discussion, petition is allowed. Impugned action of the Mamlatdar, EDhara Kendra, Vadodara (Rural) denying to entertain the application dated 17.10.2018 of the petitioner for mutation of lis pendence in the revenue record is hereby quashed and set aside. The Mamlatdar, EDhara Kendra, Vadodara (Rural) is hereby directed to comply with the provisions of amendments made in Section 52 of the Transfer of Property Act, 1882 as well as the ratio laid down in the case of Dipakbhai Manilal Patel & Anr. (Supra) forthwith. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J) Ajay Page 2 of 2 Downloaded on : Fri Aug 09 20:06:48 IST 2019

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