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NIKHIL S. KARIEL
Shardaben, D/o. Davalbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Mr. Asit B. Joshi for the petitioner and learned AGP Mr. J.K. Shah for the respondent-State. Learned Senior Advocate Ms. Trusha Patel has requested permission to address the Court and whereas considering that an issue of legal importance is involved, learned Senior Advocate Ms. Patel has been heard by the Court.
2. At the outset, learned Advocate Mr. Asit B. Joshi would not press the Prayer 17 (B), the said request is acceded to. The present petition is taken up for rest of the prayers.
3. By way of this petition, the petitioner has challenged an order dated 15.07.2024 passed by the City Mamlatdar, Ghatlodiya, Ahmedabad, whereby the City Mamlatdar has refused request of the petitioner to mutate a registered document with regard to lis pendens in the revenue record inter alia observing that as per a Government Circular dated 31.05.2022, since there is no provision in the Gujarat Land Revenue Code for mutating a registered document with regard to lis pendens and whereas according to the said Circular, lis pendens should be mutated only if there is an order of a judicial court.
4. Learned Advocate Mr. Joshi for the petitioner wo
The court reaffirmed that the Mamlatdar must mutate documents regarding pending litigation as per established legal precedents, emphasizing the importance of judicial discipline.
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