Chhaganbhai Ukabhai Vekariya vs State Of Gujarat
2025 Latest Caselaw 565 Guj

Gujarat High Court

Chhaganbhai Ukabhai Vekariya vs State Of Gujarat on 3 July, 2025

                                                                                                                      NEUTRAL CITATION




                              C/SCA/8666/2025                                         ORDER DATED: 03/07/2025

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                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                         R/SPECIAL CIVIL APPLICATION NO. 8666 of 2025
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                                                CHHAGANBHAI UKABHAI VEKARIYA
                                                            Versus
                                                   STATE OF GUJARAT & ORS.
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                       Appearance:
                       MR AADITYA P DAVE(11461) for the Petitioner(s) No. 1
                       MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3
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                         CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                           Date : 03/07/2025

                                                            ORAL ORDER

1. The present Special Civil Application has been filed praying for the following reliefs :-

"(A) YOUR LORDSHIPS 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 aside the impugned order/communication dtd. 16.05.2025 bearing no.

Talati - Nanamava - 2 - vashi passed by respondent no.3 authority (Annexure 'A')

refusing to record an entry in the records of rights of the registered lis-

pendense in respect of subject property as being illegal, arbitrary, unjust,

contrary to the settled legal position as also violative of Art. 14 of Constitution

of India;

(B) YOUR LORDSHIPS be pleased to direct respondent no.3 to forthwith

reconsider / register lis-pendense pursuant to application dtd. 12.05.2025

submitted by the Petitioner in respect of subject property, pending admission,

hearing and final disposal of the present petition ; "Annex-F"

(C) 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."

NEUTRAL CITATION

C/SCA/8666/2025 ORDER DATED: 03/07/2025

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2. The learned counsel for the petitioner submits that the petitioner has purchased the subject land from the Vijaybhai Shambhubhai Patel & Ketan Govindbhai Dhuleshia vide notarized agreement to sale dated 17.02.2008 upon payment of total sale consideration for which receipt is endorsed in the notarized agreement to sale. He submits that thereafter, the objections were raised by the original land owners in mutation of revenue entry and therefore, under the circumstances, the petitioner was constrained to file Special Civil Suit No.12 of 2025 in the Civil Court at Rajkot for specific performance of the agreement to sale and also challenged the registered sale deed in favour of the third party. The learned counsel submits that subsequently, the petitioner got lis- pendense of the pending Civil Suit registered with the Sub-Registrar Office, Mava Rajkot-5 vide registration No.3290 dated 05.05.2025 in respect of the subject land. The learned counsel submits that by the impugned order, the respondent No.3 has refused to record the lis- pendense in the revenue record on the ground that the petitioner has to obtain an order of the competent judicial court. He submits that the application of the petitioner has been rejected on an erroneous ground and it is also contrary to the settled legal position enunciated by this Court. In support of his contentions, the learned counsel has relied upon the following judgments :-

i. 2025 (1) GLH 204 Shardaben d/o Davalbhai Patel vs. State of Gujarat

NEUTRAL CITATION

C/SCA/8666/2025 ORDER DATED: 03/07/2025

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ii. Special Civil Application No.13930 of 2023 order dated 10.01.2024 Vijaybhai Mansukhbhai Gajera vs. State of Gujarat

iii. Special Civil Application No.21938 of 2023 order dated 10.01.2024 Chandubhai Lalubhai Bhatti vs. State of Gujarat

iv. Special Civil Application No.16318 of 2021 order dated 12.01.2023 Daxaben w/o Maheshbhai Thakor d/o Dilipbhai Popatji Thakor vs. State of Gujarat

v. 2007 (2) GLR 1297 Dipakbhai Manilal Patel vs. State of Gujarat

3. The learned AGP appearing on behalf of the respondents could not dispute the settled legal position and the judgments relied upon by the learned counsel for the petitioner.

4. In view of the decision of this Court in the case of Dipakbhai Manilal Patel vs. State of Gujarat reported in 2007 (2) GLR 1297 and also the decision in the case of Daxaben w/o Maheshbhai Thakor d/o Dilipbhai Popatji Thakor vs. State of Gujarat in Special Civil Application No.16318 of 2021 decided on 12.01.2023, the impugned order dated 16.05.2025 is quashed and set aside. The respondent No.3, the Revenue Talati, Nana Mava-2, Mamlatdar Office, Rajkot City(West) is directed to verify

NEUTRAL CITATION

C/SCA/8666/2025 ORDER DATED: 03/07/2025

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the document in respect of lis-pendense and after following due procedure, may confirm the requirements as per the provisions of Section 52 of the Transfer of Properties Act and if satisfied, shall mutate the details in regard to the document in the revenue record.

5. The Special Civil Application is allowed and disposed of accordingly to the aforesaid extent.

No order as to costs.

(ANIRUDDHA P. MAYEE, J.) KUMAR ALOK