A registered sale deed must be mutated in revenue records, and objections to such mutation can only be entertained from persons who have a legitimate interest in the property, not from unrelated third parties.

ORAL JUDGMENT

1. Issue Rule, returnable forthwith. Mr. Jayneel Parikh, learned AGP waives service of Rule for and on behalf of the respondent – State authorities and Mr. Vivek M. Maru, learned advocate also waives service of Rule for and on behalf of the respondent no.3.

1.1. Mr. Pandya, learned advocate appears for the respondent no.3 submitted that, he has tried to contact the respondent no.3, however, is not in a position to get any information from the respondent no.3.

2. Heard Mr. Asim Pandya, learned Senior Counsel assisted by Mr. Pratham P. Joshi, learned advocate appearing for the petitioners and Mr. Jayneel Parikh, learned AGP appearing for the respondent – State authorities.

3. With the consent of the learned advocates appearing for the respective parties, the present matter is taken-up for final hearing.

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

“10. In the premises aforesaid, the petitioners most humbly and respectfully pray that:

(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside the impugned order dated 05.05.2025 of the Learned Deputy Collector (at ANNEXURE-P) in the interest of justice and further be pleased to direct the respondent authorities to certify entry no. 2784 (at Annexure-M);

(B) During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to stay further operation, implementation and execution of the impugned order dated 05.05.2025 of the learned Deputy Collector (at ANNEXURE-P) and further be pleased to direct the respondent authorities to certify entry no. 2784 (at Annexure-M);

(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.”

5. By way of the present petition, the petitioners herein have challenged the impugned order dated 05.05.2025 passed by the Deputy Collector, refusing to mutate the entry of the registered sale deed, wherein, petitioner No. 1 sold the property in question to petitioner Nos. 2 to 4, for which Entry No. 2784 was registered in the revenue record. The said entry was objected to by a third person, one Chandan Mahendrabhai Thakor, having no right, title or interest in the property, which gave rise to RTS Takrari Case No. 48 of 2025 before the Deputy Collector. The Deputy Collector by the impugned order dated 05.05.2025 refused to certify Entry No. 2784 of the registered sale deed, on the ground of the pendency of Tenancy Case No. 84-C/2024/64 before the competent forum.

6. Mr. Parikh, learned AGP, is not in a position to controvert the aforesaid factual aspect.

7. In light of the order passed in Special Civil Application No. 17576 of 2024, the impugned order dated 05.05.2025 passed by the Deputy Collector is quashed and set aside. The order is passed in light of the fact that, this Court quashed and set aside the order passed by the Mamlatdar dated 18.12.2024. Furthermore, Rule 108(1) of the Gujarat Land Revenue Rules also provides that, objections can only be taken by those persons interested in the land in question. Admittedly, the objections raised by Chandan Mohanbhai Thakor appears to be a third person having no right, title, or interest in the subject property.

8.1. At this stage, it is apposite to refer to the ratio laid down in 2014(0)GLHEL-HC-23255, wherein, it is held that for a land purchased by way of a registered sale deed, the entry of the sale deed is required to be mutated in the revenue record as provided under Section 135(D) of the Code. The presumption is in favour of such entry, the same having been duly registered.

Relevant Paras-6 and 6.1 read thus:

6. Therefore in all cases of claims for mutation based on a registered document, the competent officer has to be entered the name of the claimant- owner-right holder. The authority cannot insist for observing the requirements