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2026 Supreme(Online)(Guj) 16117
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J
UMARBHAI ALLARAKHABHAI KHAFIV/sSTATE OF GUJARAT
R/SPECIAL CIVIL APPLICATION NO. 2979 of 2026
For the Appellants/Petitioners: Nishith P Acharya
For the Respondents: Devanshiba Rana
A registered notice of lis pendens under the Transfer of Property Act and Registration Act must be mutated in revenue records by the revenue authority after following due process, and cannot be denied solely based on administrative resolutions requiring a judicial order.
Headnote:The petitioner challenged an order passed by the Mamlatdar, Jamnagar, refusing to mutate an entry of lis pendens in the revenue records of village Kansumra, despite the notice of lis pendens being registered under the Indian Registration Act, 1908, and Section 52 of the Transfer of Property Act, 1882. The respondent authority had refused the mutation based on a Government Resolution dated 30.05.2022, which stipulated that such entries could only be made upon a judicial order. The primary issue was whether a registered notice of lis pendens must be mutated in revenue records regardless of administrative guidelines requiring a judicial order. The court reasoned that the essential purpose of registering a notice of pendency is to ensure that any potential purchaser is put on notice of the litigation, thereby preventing the suit from being frustrated. Relying on the precedent in Dipakbhai Manilal Patel and Anr. vs. State of Gujarat and Anr., the court held that once a document is registered, the revenue authority is duty-bound to enter it into the records after following the prescribed procedure under the Gujarat Land Revenue Code. The present petition is allowed. Rule is made absolute.
| Table of Content |
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| 1. dispute over the refusal of revenue authorities to mutate a registered notice of lis pendens based on a government resolution. (Para 1 , 2 , 3 , 4 , 5) |
| 2. registered lis pendens documents serve as public notice and must be entered in revenue records as per judicial precedent. (Para 6 , 7 , 8) |
| 3. quashing of the order refusing mutation and direction to the mamlatdar to mutate the registered lis pendens entry. (Para 9 , 10 , 11) |
ORAL JUDGMENT
1. Rule returnable forthwith. Ms. Devanshiba Rana, learned AGP waives service of notice of rule for and on behalf of the respondent – State.
2. Heard Mr. Nishith P. Acharya, learned advocate appearing for the petitioner and Ms. Devanshiba Rana, learned AGP for the respondents – State authorities.
3. By way of the present petition, the petitioner herein prays for the following reliefs:
“7. The petitioner therefore prays that:-
[A] This Hon'ble Court may be pleased to allow this petition.
[B] This Hon'ble Court may be pleased to issue writ of mandamus or writ in nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside communication/ order dated 22.12.2025 passed by the respondent No.4 and further be pleased to direct the respondent authority to mutate an entry of lis pendens registered at serial No.206 of 2025 before Sub-registrar, Jamnagar in the revenue record of village: Kansumra, Taluka: Jamangar, District: Jamnagar;
[C] This Hon'ble Court may be pleased to pass such and further orders as the nature and circumstances of the case may require.”
4. The petitioner herein is constrained to approach this Court by invoking Article 226 of the Constitution of India challenging the impugned order dated 22.12.2025 passed by the respondent no. 4 - Mamlatdar, Jamnagar in No. E-Dhara/E-Sarkar-320615/2025.
5. Briefly stated, the petitioner received land bearing Survey No. 244 admeasuring 1-53-77 (Hec.-Sq.-Mts.) located at Village: Kansumra, Taluka: Jamnagar, District: Jamnagar, (for short, “the land in question”) from his father, as inherited land, and the said land was handed over to the petitioner's father by the original owner named Karim Sultan, for the purpose of cultivation. That, the petitioner and his father are in possession of the said land since 1967, and therefore, the defendants (of the suit proceedings) never had possession of the said land and also, the defendants (of the suit proceedings) have never visited the said land, however, the defendant (of the suit proceedings) had preferred an application before the Collector, Jamnagar, under the provisions of the Gujarat Land Grabbing (Prohibition) Act, 2020, (for short, “the Act”) pursuant to which, notice dated 19.11.2024 issued by the Mamlatdar came to be served to the plaintiff (petitioner herein) on 28.11.2024.
5.1. Upon arising of cause of action, the petitioner preferred a suit praying for declaration and permanent injunction, and the said suit came to be registered as Special Civil Suit No. 39 of 2024 before the Principal Senior Civil Judge, Jamnagar, which is pending before the Civil Court, Jamnagar. Pending the Special Civil Suit No. 39 of 2024, the petitioner approached the respondent no. 4 under Section 52 of the Transfer of Properties Act, 1882 , for mutation of entry pertaining to lis pendens, for the document which came to be registered at Sr. No. 206 of 2025, before the Sub-Registrar, Jamnagar on 04.01.2025.
5.2. On the basis of the said registered document, the petitioner preferred an application for mutation of entry of lis pendens on 27.10.2025. The document being the registered document, which was produced before the respondent no. 4, the respondent no. 4 is duty bound to mutate the entry on the basis of such document, however, vide impugned communication/order dated 22.12.2025 passed in No. E-Dhara/E-Sarkar-320615/2025, the respondent no. 4 refused to mutate the entry only on the ground that, as pert the Government Resolution No. HKP/102022/916/J dated 30.05.2022,
