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2026 Supreme(Online)(Guj) 16122
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J
SHAILESHBHAI THAKARSHIBHAI RAMANIV/sSTATE OF GUJARAT
R/SPECIAL CIVIL APPLICATION NO. 8067 of 2024
For the Appellants/Petitioners: Asit B Joshi
For the Respondents: Jayneel Parikh
A registered notice of lis-pendens under Section 52 of the Transfer of Property Act, 1882, is a valid document for mutation in revenue records, and administrative circulars cannot override the requirement for revenue authorities to record registered documents after following due process.
Headnote:The petitioner challenged an order passed by the respondent authority refusing to record a registered notice of lis-pendens in the revenue records of rights for agricultural land, citing a Government Resolution dated 30.05.2022 which required a judicial order for such mutation. The petitioner had filed a civil suit for cancellation of a sale deed and subsequently registered a notice of lis-pendens under Section 52 of the Transfer of Property Act, 1882. The primary issue was whether a registered notice of lis-pendens is sufficient for mutation in revenue records without a specific judicial order. The court reasoned that the purpose of registering lis-pendens is to ensure that any person conducting a title search is put on notice of the pending litigation, thereby preventing the frustration of the suit. Relying on established precedent, the court held that once a document is registered under the Transfer of Property Act and the Indian Registration Act, the revenue authority is duty-bound to mutate the entry after following the prescribed procedure under the land revenue code. Accordingly, the present petition stands allowed. Rule is made absolute.
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| 1. the petitioner sought mutation of a registered lis-pendens notice in revenue records, which was refused by the mamlatdar based on a government resolution. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. precedent establishes that registered documents under the transfer of property act must be mutated in revenue records to provide public notice. (Para 8) |
| 3. a registered notice of lis-pendens is a valid basis for mutation in revenue records, overriding administrative restrictions. (Para 9 , 10 , 11) |
ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Jayneel Parikh, learned AGP waives the service of notice for and on behalf of respondent – State authorities.
2. Heard Mr. Asit B. Joshi, the learned advocate appearing for the petitioner and Mr. Jayneel Parikh, the learned AGP appearing for the respondents.
3. By way of the present petition, the petitioner herein prays for the following reliefs:
“16. The petitioner, therefore, prays that :-
(A) YOUR LORDHSIPS be pleased to issue a writ of mandamus or a writ of certiorari or any other appropriate writ order or direction for quashing and setting and side the impugned order / communication dated 24.04.2024 bearing no. E-dhara/vashi/50631/24, passed by respondent no. 2 authority an (Annexure 'A') refusing to record entry in the records of rights of the registered lis-pendense in respect of agriculture land bearing rev. Sy. No. 341p1/p2 and rev. Sy. No. 241p1/pl situated at Village Khorana, Taluka: Rajkot, Dist: Rajkot and further be pleased to direct respondent no. 2 authority to forthwith register the lis-pendense as per application dated 20.04.2024 submitted by the petitioner, in the interest of justice and equity;
(B) YOUR LORDHSIPS be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ order or direction for quashing and setting aside the Government Circular dated 30.05.2022 issued by respondent no. 1 (Annexure 'B') as being contrary to the provisions of law and considering the legal submissions made hereinabove in the Petition and in the interest of justice;
(C) YOUR LORDHSIPS be pleased to direct respondent no. 2 to forthwith register lis-pendense pursuant to application dated 20.04.2024 submitted by the Petitioner in respect of agriculture land bearing rev. Sy. No. 341p1/p2 and rev. Sy. No. 241p1/pl situated at Village Khorana, Taluka: Rajkot, Dist: Rajkot, pending admission, hearing and final disposal of the present Petition;
(D) YOUR LORDSHIPS be pleased to grant such other and further reliefs, as may be deemed fit by this Hon'ble Court, in the interest of justice;”
Ammex-A
4. The petitioner herein is constrained to approach this Court invoking Articles 226 and 227 of the Constitution of India challenging the impugned order dated 24.04.2024 passed by the respondent no. 2 - Mamlatdar being No. E-Dhara/Vashi/50631/24.
5. Briefly state, land bearing Revenue Survey No. 341 P1/P2 admeasuring 1H-93Are-75 Sq. Mtr. and land bearing Revenue Survey No. 341 P1/P1 admeasuring 1H-93Are-74 Sq. Mtr situated at Village: Khorana, Taluka: Rajkot, District: Rajkot along with other several parcels of land was jointly owned by the ancestors of petitioner and respondents. By family partition, these parcels of land equally partitioned amongst the petitioner and respondents. Subsequently, respondents got the revenue entry mutated in their favour in respect of more part of land, thereby depriving the petitioner from their equal share. Therefore, petitioner has challenged the said revenue entry by way of RTS proceedings.
5.1. Pending RTS dispute, respondent nos. 1 and 2 (in the suit proceedings) sold the subject parcels of land in favour of third party vide registered sale deed dated 10.04.2023. The petitioner therefore, filed Special Civil Suit No. 49 of 2023 before the Principal Senior Civil Judge, Rajkot for cancellation of the registered sale deed and prayed for permanent injunction. That the Special Civil Suit No. 49 of 2023 is pending before t
