SHAILESHBHAI THAKARSHIBHAI RAMANI vs STATE OF GUJARAT

C/SCA/8067/2024 JUDGMENT DATED: 07/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8067 of 2024

FOR APPROVAL AND SIGNATURE:


HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Approved for Reporting Yes No

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SHAILESHBHAI THAKARSHIBHAI RAMANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASIT B JOSHI(2567) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 07/05/2026

ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Jayneel Parikh, learned AGP
waives the service of notice for and on behalf of respondent – State
authorities.
2. Heard Mr. Asit B. Joshi, the learned advocate appearing for the
petitioner and Mr. Jayneel Parikh, the learned AGP appearing for the
respondents.
3. By way of the present petition, the petitioner herein prays for
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the following reliefs:
“16. The petitioner, therefore, prays that :-
(A) YOUR LORDHSIPS be pleased to issue a writ of mandamus or
a writ of certiorari or any other appropriate writ order or direction
for quashing and setting and side the impugned order /
communication dated 24.04.2024 bearing no.
E-dhara/vashi/50631/24, passed by respondent no. 2 authority
an (Annexure 'A') refusing to record entry in the records of rights
of the registered lis-pendense in respect of agriculture land
bearing rev. Sy. No. 341p1/p2 and rev. Sy. No. 241p1/pl
situated at Village Khorana, Taluka: Rajkot, Dist: Rajkot and
further be pleased to direct respondent no. 2 authority to
forthwith register the lis-pendense as per application dated
20.04.2024 submitted by the petitioner, in the interest of justice
and equity;
(B) YOUR LORDHSIPS be pleased to issue a writ of mandamus or
a writ in the nature of mandamus or any other appropriate writ
order or direction for quashing and setting aside the Government
Circular dated 30.05.2022 issued by respondent no. 1 (Annexure
'B') as being contrary to the provisions of law and considering the
legal submissions made hereinabove in the Petition and in the
interest of justice;
(C) YOUR LORDHSIPS be pleased to direct respondent no. 2 to
forthwith register lis-pendense pursuant to application dated
20.04.2024 submitted by the Petitioner in respect of agriculture
land bearing rev. Sy. No. 341p1/p2 and rev. Sy. No. 241p1/pl
situated at Village Khorana, Taluka: Rajkot, Dist: Rajkot, pending
admission, hearing and final disposal of the present Petition;
Ammex-A
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C/SCA/8067/2024 JUDGMENT DATED: 07/05/2026
(D) YOUR LORDSHIPS be pleased to grant such other and further
reliefs, as may be deemed fit by this Hon'ble Court, in the interest
of justice;”
4. The petitioner herein is constrained to approach this Court
invoking Articles 226 and 227 of the Constitution of India challenging
the impugned order dated 24.04.2024 passed by the respondent no. 2
- Mamlatdar being No. E-Dhara/Vashi/50631/24.
5. Briefly state, land bearing Revenue Survey No. 341 P1/P2
admeasuring 1H-93Are-75 Sq. Mtr. and land bearing Revenue Survey
No. 341 P1/P1 admeasuring 1H-93Are-74 Sq. Mtr situated at Village:
Khorana, Taluka: Rajkot, District: Rajkot along with other several
parcels of land was jointly owned by the ancestors of petitioner and
respondents. By family partition, these parcels of land equally
partitioned amongst the petitioner and respondents. Subsequently,
respondents got the revenue entry mutated in their favour in respect
of more part of land, thereby depriving the petitioner from their equal
share. Therefore, petitioner has challenged the said revenue entry by
way of RTS proceedings.
5.1. Pending RTS dispute, respondent nos. 1 and 2 (in the suit
proceedings) sold the subject parcels of land in favour of third party
vide registered sale deed dated 10.04.2023. The petitioner therefore,
filed Special Civil Suit No. 49 of 2023 before the Principal Senior Civil
Judge, Rajkot for cancellation of the registered sale deed and prayed
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for permanent injunction. That the Special Civil Suit No. 49 of 2023 is
pending before the Civil Court at Rajkot.
5.2. Pending the Special Civil Suit, the petitioner herein approached
the respondent no. 2 under Section 52 of the Transfer of Properties
Act, 1882, (for short, “the Act”) for lis-pendens and the said document
is registered on 18.04.2024 being No. 2906 of 2024 before the Sub-
Registrar Office, Rajkot Zone8, (Rural), Rajkot. On the basis of said
document, the petitioner herein preferred an application on
20.04.2024 for mutation of entry pertaining to lis-pendens and the
document being registered document which was produced before the
respondent no. 2, the respondent no. 2 is duty bound to mutate the
entry on the basis of such document. The respondent no. 2 refused to
mutate the entry only on the ground that, as per the Government
Resolution No. HKP/102022/916/J dated 30.05.2022 entry
pertaining to lis-pendens cannot be mutated. Reliance is also placed
on the said Government Resolution wherein it is stated that, entry of
lis-pendens can only be entered in the revenue record by judicial
order.
6. Mr. Jayneel Parikh, learned AGP is not in position to dispute
the contentions raised by the petitioner that the document of lis-
pendens is a registered document having been registered on
18.04.2024 being No. 2906 of 2024 before the Sub-Registrar Office,
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C/SCA/8067/2024 JUDGMENT DATED: 07/05/2026
Rajkot Zone 8, (Rural), Rajkot.
7. Having heard the learned advocates appearing for the respective
parties, it is not in dispute that the petitioner has preferred Special
Civil Suit No. 49 of 2023 for cancellation of registered sale deed and
permanent injunction on 11.05.2023 before the Principal Civil Judge,
Rajkot which is pending. Thereafter, the petitioner preferred notice
under Section 52 of the Act for lis pendens and the said document is
registered on 18.04.2024 as No. 2906 of 2024 before the Sub-
Registrar Office, Rajkot Zone -8, (Rural) Rajkot. The respondent no. 2
declined to mutate the said entry only on the ground that the
Government Resolution No.HKP/102022/916/J dated 30.05.2022
provides for a judicial order.
8. At this stage, this Court deems it fit to refer the order passed in
the Special Civil Application No.16318 of 2021 dated 12.01.2013,
paragraphs 3 to 7 read thus:
“3. Learned advocate Mr.Barot appearing for the petitioner has
submitted that the issue is squarely covered by the judgement
passed by this Court in the case of Dipakbhai Manilal Patel and
Anr. Vs. State of Gujarat and Anr., 2007 2 GLR 1297 and the
order dated 28.07.2021 passed in Special Civil Application No.
9058 of 2021.
4. In the present writ petition, the petitioner has prayed for the
following relief:
“7A. Your Lordship may pleased to issue a writ of
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mandamus and/ or any other appropriate writ, order or
direction to the Respondents No.2 to mutate the Entry in
the village extract 712 showing the right of the petitioner*
with regard to registered document lis pendens of the
Special Civil Suit No. 119 of 2021 pending before the 6th
Additional Senior Civil Judge, Ahmedabad (Rural)
registered with the office of Sub Registrar, SRO-13 at Sr.
No. 1412 with regard to suit property- Agricultural Old
Tenure land bearing Survey/Block No. 188, Survey/ Block
No. 196, Survey/Block No. 218(a), Survey/ Block No.
218(B), Survey/ Block No. 298, Survey/Block No. 299
situated in the sim of village Shilaj, Taluka Ghatlodiya,
District Ahmedabad.”
5. It is not in dispute that for the land in question, Special Civil
Suit No.119 of 2021 is pending before 6th Additional Senior Civil
Judge, Ahmedabad (Rural), has been instituted by the petitioner
seeking declaration, injunction and cancellation of a sale deed
and it is pending.
6. Learned advocate Mr.Barot has submitted that accordingly,
the petitioner made an application before the concerned
Mamlatdar for mutation oflis pendens however, the respondent
No.2 has rejected such request and committed an error of law by
not mutating lis pendens.
7. As noted hereinabove, this Court in identical case, in the case
of Dipakbhai Manilal Patel and Anr. (supra) has observed thus:
"5. If the provisions of Section 52 read with aforesaid amendment
for Gujarat State are considered, the principles of lis pendens
would apply to a transaction if entered after institution of Suit
only, if such notice of lis pendens is registered under the Indian
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Registration Act, 1908 and as per the provisions of the
amendment, the notice of pendency of the suit should contain the
details as per subsection 2 of the amendment in Section 52,
which is applicable to the Gujarat State. The essential purpose of
the aforesaid amendment is to see that any person who may be
interested to purchase the property when undertakes the title
search of the property with the sub-registrar, the person
concerned would be put to notice that a particular suit is pending
before the competent Court and therefore, he may not be
misguided or if with conscious knowledge, the person concerned
has purchased the property, the purchaser may not be in a
position to contend that he was not aware about the pendency of
the litigation and consequently, the Suit may not be frustrated or
the principles of lis pendens can have its full effect as per the
provisions of Transfer of Properties Act.
6. Therefore, it appears that the stand of the Mamlatdar that
such documents is not as per the provisions of the Transfer of the
Properties Act is not correct and once a registered document is
there, pertaining to the property in question, it is required for the
Mamlatdar to enter the same in the revenue record of the
Government. Of course, after undertaking the procedure, as may
be required under the Bombay Land Revenue Code or other
relevant law of giving notice to the affected party and thereafter
to mutate the entry.
7. In view of the aforesaid, the order dated 19.07.2006 passed
by Mamlatdar(Annexure-C) is quashed and set aside with the
direction that Mamlatdar shall treat the document as valid as per
the provisions of the Transfer of Properties Act read with the
provisions of India Registration Act and shall further proceed in
accordance with law for entering the same in the relevant record
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after undergoing the procedure as required under the Bombay
Land Revenue Code read with the provisions of Gujarat Land
Revenue Rules.”
9. There is no bar in registering the lis-pendens once the
document pertains to the subject land and is a registered document.
In the facts of the present case, the notice under Section 52 of the Act
for lis-pendens duly registered on 18.04.2024 being No. 2906 of 2024
registered before the Sub-Registrar Office, Rajkot Zone - 8, (Rural)
Rajkot. On the basis of said document the petitioner herein preferred
an application for mutation of entry pertaining to lis-pendens.
10. In light of the aforesaid undisputed facts, the impugned order
dated 24.04.2024 passed by the Mamlatdar, Rajkot Zone 8, (Rural)
Rajkot being No. E-Dhara /Vashi/50631/24 is quashed and set aside.
The respondent No.2 to treat the document as a valid document under
the provisions of Transfer of Properties Act read with Indian
Registration Act and mutate the entry in the relevant record after
undergoing the procedure as required under the provisions of the
Gujarat Land Revenue Code and the Gujarat Land Revenue Rules.
11. Accordingly, the present petition stands allowed. Rule is made
absolute.
(VAIBHAVI D. NANAVATI,J)
KUMKUM
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