IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6739 of 2015 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DIVYESH A. JOSHI ==========================================================

Approved for Reporting Yes No ==========================================================

HASMUKHBHAI BHAILALBHAI PATEL & ANR.

Versus UNNATBHAI THAKORBHAI PATEL & ORS.

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Appearance:

MR HM PARIKH(574) for the Petitioner(s) No. 1,2 MR RASESH H PARIKH(3862) for the Petitioner(s) No. 1,2 MS SURBHI BHATI, AGP for the Respondent(s) No. 4,5 MR PREMAL R JOSHI(1327) for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 3.1,3.2,3.3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 06/02/2026 ORAL JUDGMENT

1.) By way of filing the present petition under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs:

“(A) YOUR LORDSHIPS may be pleased to issue a writ of certiorari or any other appropriate writ, order and/or direction in the nature of certiorari, quashing and setting aside the judgment and order dated 16.12.2015 passed by Respondent no. 4 in the Revision Application 92/2014 and restoring the order dated 17.04.2014 passed by the Respondent no. 5 Collector in RTS Revision Application No.

141/2013, in the interest of justice.

(B) Pending admission hearing and till final disposal of this petition, Your Lordships may be pleased to grant stay of the judgment and order dated 16.12.2014 passed by the Respondent no. 4 in the Revision Application 92/2014, in the interest of justice.

(C) YOUR LORDSHIPS may be pleased to pass such order and/or further orders as may be deemed fit, just and proper in the interest of justice.”

2.) The case of the applicant can be summarised in a nutshell as under:

2.1) The petitioners purchased a land bearing Survey No. 77/3 of the Village Navli by a registered sale deed from the heirs of late Mr. Kishabhai Valjibhai Patel. The land had earlier mortgaged vide a registered mortgage deed. Upon applying for mutation, the mutation entry was rejected on the ground of subsisting mortgage. The said rejection was upheld by the Deputy Collector, Collector and Secretary, Revenue Department (Appeals) in their respective orders.

2.2) Being aggrieved and dissatisfied petitioners had challenged the legality and validity of the order dated 26.03.2012 passed by the Mamlatdar – Anand. The said order came to be confirmed by the Deputy Collector in the revenue proceedings as well as by the Secretary, Revenue Department (Appeals), herein Respondent No.4. Being aggrieved by the order dated 16.12.2024 by Respondent No. 4, the petitioners have filed the present petition challenging the legality and validity of the same and also praying to restore the order dated 17.04.2014 passed by Collector, Anand, herein Respondent No. 5.

3.) Learned advocate Mr. H.M. Parikh appearing for the petitioners submits that the petitioner herein had purchased a land bearing survey no. 77/3, admeasuring 1 hector, 18 Are and 37 meters situated at village Navli, by way of executing a registered sale deed on 01.01.1994. Pursuant to the execution of the registered sale deed and entry vide entry no. 8187came to be mutated in the revenue record. Subsequently, objections have been raised by the respondents and therefore, the said entry came to be cancelled.

3.1) He further submits that originally the land belonged to Mr. Kishabhai Valjibhai Patel and that his heirs had mortgaged the said property in favour of Mr. Harmanbhai Bhikhabhai Patel, who happens to be the grandfather of Respondent No. 1 herein, vide Registered Mortgage Deed dated 02.06.1983. It is submitted that at the time of execution of the registered sale deed, these particular facts were clearly and categorically mentioned, specifically mentioning that purchasers were required to redeem the amount of mortgage by paying an amount of Rs. 18,0