Amar Chhotubhai Desai vs State Of Gujarat
2021 Latest Caselaw 9765 Guj

    C/SCA/9058/2021                                   ORDER DATED: 28/07/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 9058 of 2021

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                        AMAR CHHOTUBHAI DESAI
                                Versus
                          STATE OF GUJARAT
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Appearance:
BHAGIRATH N PATEL(9016) for the Petitioner(s) No. 1,2,3
MR.DIPAK B PATEL(3744) for the Petitioner(s) No. 1,2,3
MR. HARDIK MEHTA, AGP, for the Respondent(s) No. 1
for the Respondent(s) No. 2,3,4,5,6,7
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                             Date : 28/07/2021

                                ORAL ORDER

1. This petition under Article­226 of the Constitution of India is filed seeking direction to quash and set aside the order dated 06­03­2021 passed by the Mamlatdar, Vapi (Rural) in RTS/Takrari Case No.1/2021 and further direction to restore the Revenue Entry No.3256 by certifying the same.

2. The pleadings of the petitioners is that on 25/06/2019, the petitioners instituted a suit, for declaration and permanent injunction, bearing Special Civil Suit No. 39/2019 before the Court of Ld. Principal Senior Civil Judge, Vapi in connection with the land bearing revenue survey numbers 1194, 1193 and 1199 of Village­Chanod, Taluka­Vapi, District­ Valsad. After institution of such suit, the Ld. Principal Senior Civil Judge, Vapi issued summons for settlement of issues by an order dated 25/06/2019.

3. It is submitted that on 28/08/2019, the petitioners got the notice of lis pendens registered vide Registration no.8142/2019 before the Sub­ Registrar, Vapi. Thereafter, the petitioners submitted an application

C/SCA/9058/2021 ORDER DATED: 28/07/2021

dated 09/09/2019 to the Mamlatdar, Vapi (Rural) for mutation of revenue entry of the said registered lis pendens, and accordingly a revenue entry no.3256 dated 07/12/2020 came to be posted.

4. It is submitted that Private Respondents objected the said revenue entry by their objections and hence the Mamlatdar, Vapi (Rural) initiated RTS/Takarari Case No. 1/2021 and after hearing both the parties, the Mamlatdar, Vapi(Rural), by an order dated 06/03/2021, held that the suit is still pending and yet not decided finally and hence the revenue entry of lis pendens cannot be certified. It is also held that the petitioners have not produced any order or instructions of the competent court/officer and hence the entry is not required to be certified.

5. Learned Advocate for the petitioners submitted that the impugned decision is not only arbitrary and unreasoned, but is also directly against the ratio laid down by this Court in the reported judgment of this Court in the case of Dipakbhai Manilal Patel v/s. State of Gujarat reported in 2007 (2)GLR 1297.

6. Learned Advocate for the petitioners submitted that though the order of the Mamlatdar against whom remedy is available before the Deputy Collector still as the petitioners are relying upon the ratio laid down by this Court and that in many matters, this Court has interfered even at the stage of order of the Mamlatdar. In the present case also, the Court may exercise jurisdiction.

7. Considering the submission of the learned Advocate for the petitioners regarding indulgence of this Court at the stage of the order of the Mamlatdar despite the remedy available by preferring Revision Application before the Deputy Collector, this Court is of the view that ratio laid down by this Court with regard to the registration of lis pendens by the Mamlatdar has to be considered and the Authorities are bound by such ratio laid down by this Court.

8. The Court sees no reason that if the petitioners avail alternative remedy

C/SCA/9058/2021 ORDER DATED: 28/07/2021

by preferring an appropriate application before the Deputy Collector and raise the contentions on the basis of ratio laid down by this Court, the Deputy Collector will not consider the same and disregard such contentions.

9. In that view of the matter, the petition stands disposed of with the observations that the petitioners may avail remedy available before the Deputy Collector against the impugned order dated 06­03­2021 passed by the Mamlatdar, Vapi (Rural) in RTS/Takrari Case No.1/2021 and the Deputy Collector may take into consideration all the contentions raised by the petitioners, afford an opportunity of hearing especially give due regard to the ratio laid down by this Court on the subject and pass necessary orders in accordance with the law. Such exercise to be concluded expeditiously preferably within a period of three months from the date of appropriate application of the petitioners.

10. With the aforesaid observations, the petition stands disposed of. Direct service is permitted.

(A.Y. KOGJE, J) PARESH SOMPURA