NIMISH MAHENDRABHAI KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order directing the respondent Nos. 2 to 4 to effect the entry of lis pendens in revenue record in respect of the land bearing Survey No. 90/1 and 649 situated at Kaliavad moje Chovisi Tal and Dist. Surat.

(2.) SHRI Goswami. Learned Advocate for the petitioner has submitted that though the lis pendens with respect to the aforesaid land in question is registered with the Sub-Registrar and though the petitioner has approached the respondent Nos. 2 to 4 to make necessary entry of lis pendens in the revenue record and though the decision of this Court in the case of Dipakbhai Manilal Patel and Anr Vs. State of Gujarat and Anr. reported in 2007 (1) GLR 1297 was pointed out, respondent Nos. 2 to 4 are not effecting any entry of lis pendens in the revenue record with respect to the aforesaid land. Therefore, it is requested to allow the present Special Civil Application.

(3.) SHRI Nikunt Raval, learned AGP appearing on behalf of the respondent is not in a position to show any contrary decision to the decision of the learned Single Judge in the case of Dipakbhai Manilal Patel and Anr (supra ).