DILIP PARSHOTTAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Nishit P. Gandhi for the petitioner and learned Assistant Government Pleader Mr.Krutik Parikh for the respondent State.

(2.) Learned advocate Mr.Nishit P. Gandhi under instructions submitted that the petitioner shall file a fresh application to mutate the names on the basis of the sale deed executed in favour of the petitioner in view of the subsequent developments which have taken place with regard to the land purchased by the petitioner vide registered sale deed dtd. 26/11/1999. It was submitted that the revenue authorities at the relevant point has rejected the entry no.5003, 5004 and 5149 for mutation of the names of the petitioner in view of the pending litigation between the parties in the Civil Court and the injunction granted by the Civil Court in the proceedings. It was submitted that now as on today the Civil proceedings are over with regard to the Special Civil Suit No.1096 of 1999 except the Civil Suit challenging the sale deed in favour of the petitioners being Special Civil Suit No.656 of 2004 and Special Civil Suit No.46 of 2007, no other proceedings are pending before the Civil Court. It was further submitted that the exhibit 5 application filed by the plaintiff is also rejected by the Civil Court.

(3.) It was further submitted that the proceedings before the Gujarat Revenue Tribunal are also pending and the revenue authorities therefore may be directed to mutate the names of the petitioner on the basis of the registered sale deed subject to outcome of the pending civil proceedings in Special Civil Suit NO.656 of 2004 and Special Civil Suit No.46 of 2007 and the pending Revision Application Nos.TEN.BA.99,100 and 101 of 1999 before the Gujarat Revenue Tribunal.