Madhuben D/O Durlabhbhai ... vs State Of Gujarat
2022 Latest Caselaw 4278 Guj

      C/SCA/5597/2022                                        ORDER DATED: 20/04/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 5597 of 2022
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      MADHUBEN D/O DURLABHBHAI BHAGWANBHAI W/O ICCHUBEN
                     BAVJIBHAI KOSAMBIYA
                            Versus
                      STATE OF GUJARAT
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Appearance:
S M KIKANI(7596) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2
MR MEET THAKKAR, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                  Date : 20/04/2022
                   ORAL ORDER

Mr S.M. Kikani, learned advocate appearing for the petitioners submitted that the present writ petition is seeking direction to the respondent no.2, to register and mutate the notice of lis pendens in the revenue record. The petitioners, are aggrieved by the communication dated 19.8.2021 issued by the Mamlatdar, Adajan, refusing to record the lis pendens, relying upon the judgment of this Court in the case of Ghanshyam Jashwantlal Raval vs. State of Gujarat, reported in 2009 (2) GLR 1743.

2. It is submitted that the reliance placed on the said judgment is misplaced, considering the fact that in the Letters Patent Appeal No.1414 of 2009 filed by the appellant therein, challenging the said judgment, the Division Bench has set aside the observations and findings of the learned single Judge. It is submitted that the coordinate bench of this Court, has held and observed that the judgment of the learned single Judge in the case of Ghanshyam Jashwantlal Raval (supra), is no longer a good law after the pronouncement of the judgment of the Division Bench in the Letters Patent Appeal No.1414 of 2009. Therefore, both the grounds raised by the Mamlatdar for rejecting the request of the petitioners, are misconceived and illegal.

3. It is submitted that the petitioners have challenged the order

C/SCA/5597/2022 ORDER DATED: 20/04/2022

of the Mamlatdar before the Deputy Collector, City Prant, Surat, however, the appeal could not be heard and therefore, the petitioners are compelled to file the present writ petition, seeking quashing and setting aside of the communication dated 19.8.2021 of the Mamlatdar, so also direction to the respondent no.2 to register and mutate the notice of lis pendens.

4. In view of the aforesaid factual background, Mr Meet Thakkar, learned Assistant Government Pleader, was required to take instructions. Learned Assistant Government Pleader has placed on record the communication dated 19.4.2022 issued by the Deputy Collector wherein, it has been stated that the appeal of the petitioners would be heard on 28.4.2022 for which, the requisite notice dated 19.4.2022 has been issued to the petitioners. As per the said communication, the Deputy Collector has assured that the matter would be disposed of within a period of four weeks.

5. Since the appeal is now already been listed for hearing on 28.4.2022, Mr Kikani, learned advocate, does not press the present writ petition at this stage with a liberty to pursue the appeal before the Deputy Collector.

6. The petition, therefore, is accordingly disposed of as not pressed at this stage. No order as to costs.

7. Needless to say that the Deputy Collector, shall abide by the stand taken in the communication dated 19.4.2022 and decide the appeal within a period of four weeks. It is further clarified that this Court, has not expressed on the merits of the matter.

(SANGEETA K. VISHEN,J) BINOY B PILLAI