C/SCA/11809/2025 ORDER DATED: 16/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11809 of 2025 ========================================================== PATEL UPENDRA SHIVRAM Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DHRUMITSINH D CHAUHAN(11200) for the Petitioner(s) No. 1 MR NAYAN D PAREKH(5010) for the Petitioner(s) No. 1 MR VENUGOPAL PATEL, AGP for the Respondent(s) No. 1,3 MR. MAHITOSH U SINGH(7015) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 16/09/2025 ORAL ORDER 1. Leave to amend the cause title. To be carried out forthwith. 2. Since the issue involved in this petition is in narrow compass and with the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing today. 3. Rule. Learned advocates waive service of notice of Rule on behalf of respective respondents. 4. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has approached this Court with the following reliefs : C/SCA/11809/2025 ORDER DATED: 16/09/2025 “a) YOUR LORDSHIPS be pleased to allow and admit the present Special Civil Application; b) YOUR LORDSHIPS be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, for quashment of attachment in revenue record by the respondent no. 3 vide revenue entries no. 6118, 6836, 6831 annexed at Annexure-A being arbitrary, prohibitory, coercive and illegal in nature and such entries be cancelled and recalled and be further pleased to hold and declare that petitioner is absolute owner of the property in question with legal and valid title as same is purchased under public auction carried by bank under the proceedings of Debt Recovery Tribunal as bonafide purchaser; c) YOUR LORDSHIPS be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing respondent no. 3 to mutate the name of the petitioner in the revenue record of the property being: "Lot no. 1: Factory Land and Building located at RS no. 646/paiki, Khata No. 738, Vaghel Road, Harij Land Area 14063 sq mtrs and construction thereon having Built up area of 2373 sq mtrs approx. in the name of M/s Jaliyan Industries, Harij Dist: Patan." d) Pending admission, final hearing and disposal of the present Special Civil Application, YOUR LORDSHIPS be pleased to pass appropriate orders restraining respondent no. 3 from initiating any coercive recovery action including issuance of any notice upon petitioner towards the Sale Tax Dues; e) Pending admission, final hearing and disposal of the present Special Civil Application, YOUR LORDSHIPS be pleased to pass appropriate orders restraining respondent no. 3 in making any entries in revenue record of the property in question against the right, title and interest of the petitioner; f) Be pleased to pass such other and further orders as the nature of the case may be required and the Honourable Court may deem thought fit to pass such order.” C/SCA/11809/2025 ORDER DATED: 16/09/2025 5. It is the grievance of the petitioner that he being the auction purchaser of the property in question by full consideration; however, his name is not mutated in the records of right on the ground that the land is under attachment of the Sales Tax Department. 5.1 Mr.Nayan Parekh learned advocate for the petitioner, however, restricts his prayer with regard to mutation of name of the petitioner in the records of right and has no objection if the charge of the Sales Tax Department continues to be reflected in the second column of records of right. 5.2 To substantiate his contention, Mr.Parekh has placed heavy reliance on the decision of the Coordinate Bench of this Court in the case of Madhaviben Jitendrabhai Rupareliya v. State of Gujarat rendered in Special Civil Application No.9565 of 2023, dated 4.1.2024. 5.3 According to Mr.Parekh, since the petitioner has purchased the property in question from the auction held by the respondent No.2 which is arising from the proceedings under the SARFAESI Act, he becomes the absolute owner of the property and thereby, his name must be reflected in the records of right. Mr.Parekh further submitted that since he is the owner by virtue of the sales certificate issued by the bank under the SARFAESI Act, his name should have been mutated in the revenue records. He, therefore, urged this Court to allow the present petition, as prayed for. Page 3 of 4 C/SCA/11809/2025 ORDER DATED: 16/09/2025 6. Per contra, Mr.Venugopal Patel learned Assistant Government Pleader for the respondent Nos.1 and 2, however, submitted that he has no objection if the name of the petitioner is mutated in the revenue records along with continuation of attachment of the Sales Tax Department. 7. Considering the aforesaid and keeping in mind the decision in the case of Madhaviben Jitendrabhai Rupareliya (supra), the present petition is required to be allowed and is hereby allowed. The revenue authorities are directed to mutate the name of the petitioner in the revenue record after following the due procedure of law. 8. Needless to clarify that the mutation of name of the petitioner would be without prejudice to the attachment of the Sales Tax Department and the attachment of the Sales Tax Department is ordered to be continued in the second column of 7/12 abstract. Rule is made absolute to the aforesaid extent. No order as to costs. (NIRAL R. MEHTA,J) V.J. SATWARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIPUL JASWANTBHAI SATWARA(HC00170), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 29/09/2025 14:36:45