The revisional revenue authority has the discretion to remand mutation proceedings to the primary authority for reconsideration when the underlying property is subject to active litigation before superior courts, ensuring that revenue entries accurately reflect judicial injunctions and final findings regarding ownership or possession.

ORDER :

1. Heard Mr. Viral K. Shah, learned advocate appearing for the petitioners and Mr. Manan Shah, learned advocate appearing for the private respondent no. 17, Mr. Apurva Vakil, learned Senior Counsel with Mr. Arjun Joshi, learned advocate appearing for the private respondent nos. 5 to 9 and 10 to 16 in Special Civil Application No. 14975 of 2025 and Mr. Mehul Shah, learned Senior Counsel with Mr. Jenil M. Shah, learned advocate appearing for the private respondent nos. 5 to 9 and 10 to 16 in Special Civil Application No. 14976 of 2025 and Mr. Jayneel Parikh, learned AGP appearing for the respondent nos. 1 to 4.

2. The captioned petitions arise out of identical facts, in view thereof, with the consent of the learned Counsels appearing for the respective parties, Special Civil Application No. 14975 of 2025 is treated as lead matter.

3. By way of the present petition, the petitioner herein has invoked Article 226 of the Constitution of India being aggrieved and dissatisfied by the impugned order dated 17.10.2025 passed by the respondent no. 1 – SSRD, Sola, Ahmedabad in MVV/HKP/ST/124 of 2021 duly produced at Annexure-A to the petition, wherein, by the said order, the SSRD quashed and set aside the order passed by the Collector dated 05.01.2021 passed in RTS/Appeal Application/ Registration No. 306 of 2020 and the matter is remanded to the Collector to decide afresh taking into consideration the proceedings pending before the Hon’ble Apex Court also taking into consideration the findings by the competent Civil Court upon granting opportunity of hearing to the respective parties to take the decision.

4. The petitioner is aggrieved by the aforesaid order as referred to herein-above has prayed for the following reliefs:

“10. In the above facts and circumstances of the case, the petitioner(s), therefore, pray(s) that:

(A) The Hon'ble Court may be pleased to quash and set aside the impugned order dated 17/10/2025 passed in MVV/HKP/ST/124/2021, by the respondent no. 1 ANNEXURE A.

(B) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the execution, implementation and operation of the order impugned dated 17/10/2025 at ANNEXURE A.

(C) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to grant exparte ad interim relief in terms of para 10 (B).

(D) Any other and further relief/s deem fit, just and proper may kindly be granted by this Hon'ble Court in the interest of justice.”

5. Brief facts leading to the filing of the present petition read thus:

5.1. The land bearing Survey No. 63 of Village Gaviyar Ta. Majura, Dist. Surat (for short, “the subject land”), was originally owned by Limbabhai Nanabhai as reflected in the revenue records of 1951-52. The subject land appears to have been sold by Limbabhai to Lalubhai Chitabhai by way of a registered sale deed the same being reflected in the revenue records as Mutation Entry No. 358 dated 19.09.1964.

5.2. Lalubhai appears to have sold the land in question to Khushal Nathabhai and Bhulabhai Nathabhai as reflected in Mutation Entry No. 487 dated 23/04/1966. Upon the demise of Khushalbhai and Bhulabhai, the subject land was inherited by Ashok Khushalbhai and others whose name stood reflected in the land records as the inheritor of the land in question. Amongst the inheritors of the land in question, names of all other heirs stood deleted and Rameshbhai Khushalbhai and Mahendrabhai Khushalbhai were the only two inheritors whose name continued to be reflected as the owners of the land in