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2026 Supreme(Online)(Guj) 10158

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J
Yatin Khodabhai Desai (Leuva Patel) – Appellant
Versus
State of Gujarat – Respondent
R/SPECIAL CIVIL APPLICATION NO. 14778 of 2025



Advocates:
For the Appellants/Petitioners: Yatin Khodabhai Desai (Party in Person)
For the Respondents: Jayneel Parikh, AGP

Revenue authorities must give effect to registered sale deeds in revenue records at the first instance under Section 135-C of the Gujarat Land Revenue Code, and cannot refuse mutation on extraneous grounds.

Headnote:(A) Gujarat Land Revenue Code, 1879 - Section 135-C - Mutation of revenue entry - Duty of revenue authorities to give effect to registered sale deed in revenue records at first instance - Whether purchaser is an agriculturist or not cannot be considered in revenue proceedings. (Paras 7, 8)

(B) Rectification of revenue entry - Anomaly in mutation entry due to typographical error - Registered sale deed covering both survey numbers must be given effect to in true spirit. (Paras 6, 6.1, 9, 10)

Facts of the case:
The petitioners purchased land bearing Survey No. 289/1 and 290/1, Final Plot No. 170 and 173, by a registered sale deed dated 09.03.2018. They applied for mutation of revenue entry, which was objected to and rejected by the Mamlatdar. The appeal before the City Deputy Collector was also rejected. The Revision Application before the District Collector was allowed on 09.02.2023, but the order was recorded only for Final Plot No. 170, omitting Final Plot No. 173 due to a typographical mistake. Subsequent attempts for correction/rectification were refused by the District Collector and confirmed by the SSRD, leading to the filing of the present petition.

Findings of Court:
The court quashed the impugned communication/letter dated 02.01.2025 issued by the Additional Collector. It directed that the order dated 04.04.2025 passed by the District Collector, which includes both survey numbers, be acted upon within four weeks. Revenue Entry Nos. 23215 and 23216 were directed to be deleted, and the Mutation Entry No. 21451 was directed to be certified in its true spirit in the revenue record.

Issues: The main issue was whether the revenue authorities were justified in refusing to rectify the mutation entry and give effect to the registered sale deed covering both final plots when a typographical error had occurred.

Ratio Decidendi: The court held that under Section 135-C of the Gujarat Land Revenue Code, it is the duty of revenue authorities to give effect to a registered sale deed in the revenue records at the first instance. A typographical error by the authorities cannot be held against the petitioner, and the mutation entry of a registered sale deed must be given effect to in its entirety. The question of whether the purchaser is an agriculturist or not cannot be considered in revenue proceedings.

Result: Petition allowed.

Table of Content
1. petition seeks implementation of revenue orders and mutation of registered sale deed. (Para 1 , 2)
2. procedural history of mutation application, appeal, revisional orders and rectification attempts. (Para 3)
3. party argues for implementation; state does not dispute factual position. (Para 4 , 5)
4. typographical error in mutation entry must be rectified; registered sale deed shall be given effect to. (Para 6)
5. duty of revenue authorities to give effect to registered sale deed; extraneous grounds irrelevant. (Para 7)
6. impugned communication quashed; order directed to be implemented with deletion of erroneous entries. (Para 8 , 9 , 10)

ORAL JUDGMENT

Approved for ReportingYesNo

1. Heard the Mr. Yatin Khodabhai Desai, learned Party in Person and Mr. Jayneel Parikh, learned AGP appearing for the respondent – State authorities.

2. By way of the present petition, the petitioners herein have prayed for the following reliefs:

40. In light of the above grounds and judgment of this Hon'ble

Court and Hon'ble Supreme Court, I humbly and respectfully pray that this Hon'ble Court may be pleased to:

40(A). Allow the present Special Civil Application.

40(B). Hold and declare that the order dated 09-02-2023 passed by the learned District Collector, Ahmedabad (Resp. no. 2) in LB/ Revision Application No. 195 of 2020 and the confirming order dated 02-07-2025 passed by the learned SSRD (Resp. no. 1) in Case/Application No. HKP-AMD-42-2025 have not been properly Implemented by the concerned Revenue Authorities.

[A Copy of order passed by the learned District Collector dated 09-02-2023 is at Annexure - "F" (Colly.), Pg. no. 86 to 90 and; A copy of order passed by the learned SSRD is at Annexure - "P", Pg. no. 150 to 159]

40(C). Direct the concerned Revenue/Respondent Authorities to forthwith implement and comply with the said orders by mutating and certifying Revenue Entry No. 21451 in both Final Plot No. 170 and 173, strictly as per the Registered Sale Deed No. 2806 dated 09-03-2018 and in true spirit of the Collector's order dated 09-02-2023;

40(D). Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the concern Revenue Authorities [As per the judgment of this Hon'ble Court in R/Special Civil Application No. 3401 and 3403 of 2018 (Narendrabhai Shanilal Parekh Vs. State of Gujarat & Ors.)] to correct the entry/entries or record new entry and record the name of the petitioners in respect of Final Plot no. 170 and 173 both (i.e. Land Admeasuring 1656.37 Sq. Mtr. Of Final Plot No. 170 and 173),

strictly in accordance with Revenue Entry no. 21451 of the Registered Sale Deed dated 09-03-2018 and in accordance with our Village Form No. 6 (Hakk Patrak) application dated 01-03-2018 and as per 135-D notice 23-03-2018, expeditiously, preferably within a time bound period as specified by this Hon'ble Court.

[A copy of Judgment is annexed at Annexure -"Q", Pg. no. 160 to 174]

40(E). Quash and Set Aside Communication/Letter the impugned No.L.B./Appeal/R.A.No.195/2020/SUDHARO/VSHI.20/24/2025., dated 02-01-2025 which was signed by Resident Ahmedabad / Resp. no. 3. Addi. Collector,

[A Copy of Communication/Letter dated 02-01-2025 is annexed as Annexure Page no. 111] "L",

40(F). Direct the revenue authorities to delete the Revenue Entry No. 23215 and 23216 in the revenue records.

40(G). Direct the Respondent Revenue Authorities that after passing correction order/recording new entry, certified copy of the correction order should be provided to the petitioners and new revenue entry will be posted and certified as expeditiously as possible within a time bound period as specified by this Hon'ble Court.

40(H). Direct the Respondents Revenue Authorities that after correction order or after recording new entry in both the final plot i.e. F.P. No. 170 and 173, the new revenue entry, should not be cancel.

40(1). YOUR LORDSHIPS be pleased to grant such other and further reliefs/order or orders as may be deeming fit and proper in the fact

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