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Judgment
Ravi R.Tripathi, J.—Heard learned senior advocate Mr. Mihir Joshi with Mr. Majmudar, learned advocate for the Petitioners. The Petitioners herein are the purchaser of the land in question by a Registered Sale Deed dated 28th July 2008. The grievance of the Petitioners is that the names of the Petitioners are not mutated in the revenue record on the ground that a Civil Suit, being Regular Civil Suit No. 30 of 2000 and a Revision Application are pending before the Secretary (Appeals) against order dated 3rd July 2010, passed by the Collector, Jamnagar.
Without going into the merits in detail, only on the short ground that the law is well-settled by this Court in the case of Jhaverbhai Savjibhai Patel through Power of Attorney holder Ashok J. Patel v. Kanchanben Nathubhai Patel and Others, reproted in 2005 (3) GLH 657 that, ''when there is a Registered Sale Deed, an entry must be mutated in the revenue record and validity of document can always be examined by the Competent Court'', the matter can be decided.
The learned senior advocate for the Petitioners submitted that, if an entry is not made and a third party, after inspection of the revenue record, purchases the land in question, both, the Petitioner and that party, will unnecessarily be put to hardships and the complicated issues will arise with regard to their rival claims.
3.1 The matter requires consideration. Rule.
3.2 At the request of learned senior advocate for the Petitioners and with the consent of learned Assistant Government Pleader, the matter is taken up for Final Hearing.
In view of the aforesaid discussion and the settled law, order dated 21st September 2010, passed by the Secretary (Appeals) is quashed and set aside. The concerned revenue authorities are directed to effect mutation entry on the basis of the Registered Sale Deed dated 28th July 2008, a copy of which is produced at Annexure ''C'' to the petition. The authorities are directed to provide a clarification therewith that the entry is subject to the outcome of the Regular Civil Suit No. 30 of 2000.
4.1 With this direction, the petition is allowed. Rule is made absolute with no order as to costs.