BHARATI H. DANGRE, J.

1. The two writ petitions revolve around a common issue as to whether it is mandatory for the State Government to record an entry of lis pendence in the land record, including the 7/12 extracts maintained under the Maharashtra Land Revenue Code, 1966 (for short “Land Revenue Code”). In Writ Petition No. 7040 of 2013, a challenge is also raised to a Government Resolution issued by the Revenue and Forest Department of the Government of Maharashtra on 21st September 2017 by which the State Government had issued directions not to record lis pendence in the 7/12 extract, and the petitioner prays for quashing and setting aside of the same.

2. Since the parties have agreed to argue the matter finally, Rule. Rule returnable forthwith.

Heard finally by consent of the parties.

3. In order to enable us to adjudicate the issue in the writ petitions, it would be necessary to have some factual statements which would give an insight into the backdrop, in which the issue has been raised in the present petition.

Writ Petition No.7040 of 2013 seeks a direction to the State of Maharashtra to take entries of the lis pendence in the land records. The petitioner before the Court has mortgaged the property Gat No. 41/4 admeasuring 1 Hectare 12 Ares situated at Village Patas, Taluka Daund, District Pune in favour of one Shri Deshpande which was subsequently subjected to change of hands from time to time until it was purchased by one Anand R Goyal, the respondent no.4 to the petition. The said property was assessed to 0.13 paisa. The name of the last respondent was mutated vide Mutation Entry No. 11620 which is placed on record along with the petition. The petitioner had filed a Civil Suit against Shri Madhukar V. Deshpande and 55 others for redemption of the mortgage in the year 1991 which came to be numbered as Civil Suit No. 152 of 1991 and the suit is pending for adjudication in the Court of Civil Judge, Jr. Division, Daund. During the pendency of the said suit, the petitioner, with an objective of protecting the property which is a subject matter of the Regular Civil Suit no.152 of 1991 registered a lis pendence notice and gave intimation to the Tahsildar who made an entry to that effect vide Mutation Entry no.11645. Against the said mutation entry, the respondent no.4 preferred an appeal to the Sub-Divisional Officer, Baramati (RTS) Appeal No.133 of 2012 on 15th May 2012 and the Sub-Divisional Officer by an order dated 8th May 2013 cancelled the said mutation entry effected on 10th January 2012. The Sub-Divisional Officer, Baramati recorded a finding that it is not permissible to effect a mutation entry on the basis of lis pendence and observed that just because a civil suit was filed, it did not create a right in the property, and as per Section 149 of the Maharashtra Land Revenue Code, 1966, the mutation entries are to be effected only after acquiring the rights in the same. Another ground on which the Sub-Divisional Officer allowed the appeal was in respect of noncompliance of the procedure prescribed in Section 150 of the Maharashtra Land Revenue Code and it was observed that the mutation entry without giving notice to other side, was illegal and resultantly, liable to be set aside.

Being aggrieved by the said order of the sub-divisional officer, the petitioner has approached this Court by placing reliance on a communication addressed by the Additional Collector, Pune to all the Tahsildars, thereby directing that the lis pendence notice should be registered and mutation entries should be recorded in the 'other right column' in the 7/12 extracts and according to the petitioner, the said directives issued would bind the sub-divisional officer. The petitioner also places reliance on the rules framed in exercise of powers conferred under the Maharashtra Land Revenue Code i.e. Maharashtra Land Revenue Records of Rights and Register (Preparation and Maintenance) Rules 1971.

4. During the pendency of the writ petition, the