UMARBHAI ALLARAKHABHAI KHAFI vs STATE OF GUJARAT
- Court
- Gujarat High Court
C/SCA/2979/2026 JUDGMENT DATED: 07/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2979 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
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Approved for Reporting Yes No
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UMARBHAI ALLARAKHABHAI KHAFI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
NISHITH P ACHARYA(9308) for the Petitioner(s) No. 1
MS DEVANSHIBA RANA, AGP for the Respondent(s) No. 1,2,3,4,5
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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 07/05/2026
ORAL JUDGMENT
1. Rule returnable forthwith. Ms. Devanshiba Rana, learned AGP
waives service of notice of rule for and on behalf of the respondent –
State.
2. Heard Mr. Nishith P. Acharya, learned advocate appearing for
the petitioner and Ms. Devanshiba Rana, learned AGP for the
respondents – State authorities.
3. By way of the present petition, the petitioner herein prays for
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the following reliefs:
“7. The petitioner therefore prays that:-
[A] This Hon'ble Court may be pleased to allow this petition.
[B] This Hon'ble Court may be pleased to issue writ of mandamus
or writ in nature of mandamus or any other appropriate writ,
order or direction by quashing and setting aside communication/
order dated 22.12.2025 passed by the respondent No.4 and
further be pleased to direct the respondent authority to mutate an
entry of lis pendens registered at serial No.206 of 2025 before
Sub-registrar, Jamnagar in the revenue record of village:
Kansumra, Taluka: Jamangar, District: Jamnagar;
[C] This Hon'ble Court may be pleased to pass such and further
orders as the nature and circumstances of the case may require.”
4. The petitioner herein is constrained to approach this Court by
invoking Article 226 of the Constitution of India challenging the
impugned order dated 22.12.2025 passed by the respondent no. 4 -
Mamlatdar, Jamnagar in No. E-Dhara/E-Sarkar-320615/2025.
5. Briefly stated, the petitioner received land bearing Survey No.
244 admeasuring 1-53-77 (Hec.-Sq.-Mts.) located at Village:
Kansumra, Taluka: Jamnagar, District: Jamnagar, (for short, “the
land in question”) from his father, as inherited land, and the said land
was handed over to the petitioner's father by the original owner named
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Karim Sultan, for the purpose of cultivation. That, the petitioner and
his father are in possession of the said land since 1967, and therefore,
the defendants (of the suit proceedings) never had possession of the
said land and also, the defendants (of the suit proceedings) have never
visited the said land, however, the defendant (of the suit proceedings)
had preferred an application before the Collector, Jamnagar, under
the provisions of the Gujarat Land Grabbing (Prohibition) Act, 2020,
(for short, “the Act”) pursuant to which, notice dated 19.11.2024
issued by the Mamlatdar came to be served to the plaintiff (petitioner
herein) on 28.11.2024.
5.1. Upon arising of cause of action, the petitioner preferred a suit
praying for declaration and permanent injunction, and the said suit
came to be registered as Special Civil Suit No. 39 of 2024 before the
Principal Senior Civil Judge, Jamnagar, which is pending before the
Civil Court, Jamnagar. Pending the Special Civil Suit No. 39 of 2024,
the petitioner approached the respondent no. 4 under Section 52 of
the Transfer of Properties Act, 1882, for mutation of entry pertaining
to lis pendens, for the document which came to be registered at Sr.
No. 206 of 2025, before the Sub-Registrar, Jamnagar on 04.01.2025.
5.2. On the basis of the said registered document, the petitioner
preferred an application for mutation of entry of lis pendens on
27.10.2025. The document being the registered document, which was
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produced before the respondent no. 4, the respondent no. 4 is duty
bound to mutate the entry on the basis of such document, however,
vide impugned communication/order dated 22.12.2025 passed in No.
E-Dhara/E-Sarkar-320615/2025, the respondent no. 4 refused to
mutate the entry only on the ground that, as pert 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 dated 30.05.2022 wherein it is
stated that, entry of lis pendens can only be entered in the revenue
record by Judicial Order.
6. Ms. Devanshiba Rana, learned AGP is not in position to dispute
the contentions raised by the petitioner in the present petition that
the documents of lis pendens is a registered document having been
registered at Serial No. 206 of 2025 before the Sub-Registrar,
Jamnagar on 04.01.2025.
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. 39 of 2024 for declaration and permanent injunction,
before the Principal Senior Civil Judge, Jamnagar, which is pending.
Thereafter, the petitioner preferred application/notice under Section
52 of the Transfer of Property Act, 1882 for mutation of entry of lis
pendens and the said document is registered at Serial No. 206 of 2025
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before the Sub-Registrar, Jamnagar on 04.01.2025. The Respondent
No. 4 refused to mutate the said entry only on the ground that, the
Government Resolution No. HKP/102022/916/J dated 30.05.2022
provides for Judicial Order.
8. At this stage, it is apposite to refer to the order passed in
Special Civil Application No. 16318 of 2021 dated 12.01.2013,
Paragraph Nos. 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 be pleased to issue a writ of
mandamus and/or any other appropriate writ, order or direction
to the Respondent 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
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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
Application No. 119 of 2021 is pending before the 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 of lis 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 provision 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 India Registration Act, 1908 and as per
the provision of the amendment, the notice of pendency of
the suit should contain the details as per sub-section 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
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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 the 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 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 the 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 Indian
Registration Act and shall further proceed in accordance
with law for entering the same in the relevant record after
undergoing the procedure as required under the Bombay
Land Revenue Code read with the provisions of Gujarat
Land Revenue Rules.”
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9. In the facts of the present case, the notice under Section 53 of
the Transfer of Properties Act for lis pendens duly registered on
04.01.2025, at Serial No. 206 of 2025 before the Sub-Registrar,
Jamnagar. On the basis of said document the petitioner herein
preferred an application for mutation of entry pertaining to lis
pendens. There is no bar in registering lis pendens once the document
pertains to the land in question and is a registered document.
10. In light of the aforesaid undisputed facts, the impugned order
dated 22.12.2025 and being No. E-Dhara/E-Sarkar-320615/2025,
passed by the Mamlatdar, Jamnagar is quashed and set aside. The
respondent no. 4 to treat the document as a valid document under the
provisions of Transfer of Property 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. The present petition is allowed. Rule is made absolute.
(VAIBHAVI D. NANAVATI,J)
KUMKUM
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