Gujarat High Court Allows Petition for Mutation Entry Correction Under Section 73AA of Gujarat Land Revenue Code, 1879 — Directs Revenue Authority to Rectify Entry Based on Civil Court Decree. The Court held that revenue authorities are bound to give effect to civil court decrees and cannot refuse mutation on grounds of pending litigation.

High Court: Gujarat High Court In Favour of Accused
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Case Note & Summary

The petitioner, Dudhliben, through her legal heirs, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court. The dispute pertained to mutation of entry in revenue records based on a civil court decree. The petitioner had obtained a decree from a civil court in her favor, but the revenue authorities refused to mutate her name on the ground that the decree was subject to appeal. The petitioner contended that the revenue authorities are bound to give effect to the civil court decree unless it is stayed by a competent court. The State respondents argued that the decree was under appeal and therefore the mutation could not be effected. The High Court, after hearing the parties, held that a civil court decree is binding on revenue authorities and mere pendency of an appeal does not constitute a valid ground for refusal to mutate. The court observed that the revenue authorities must implement the decree unless there is a specific stay order from an appellate court. The court allowed the petition, set aside the impugned order, and directed the respondent authority to consider the petitioner's application for mutation afresh and pass appropriate orders in accordance with law within eight weeks from the date of receipt of the order. The court also made it clear that if the decree is subsequently set aside or modified, the revenue authorities may take appropriate steps accordingly.

Headnote

A) Land Revenue - Mutation Entry - Section 73AA of the Gujarat Land Revenue Code, 1879 - Civil Court Decree - The petitioner sought mutation of her name based on a civil court decree. The revenue authorities refused on the ground that the decree was under appeal. The High Court held that a civil court decree is binding on revenue authorities unless stayed by a competent court, and mere pendency of appeal does not justify refusal to mutate. The court directed the revenue authority to consider the application afresh and pass appropriate orders within eight weeks. (Paras 1-4)

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Issue of Consideration

Whether the revenue authorities are justified in refusing to mutate the name of the petitioner based on a civil court decree on the ground that the decree is subject to appeal.

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Final Decision

The High Court allowed the petition, set aside the impugned order, and directed the respondent authority to consider the petitioner's application for mutation afresh and pass appropriate orders in accordance with law within eight weeks from the date of receipt of the order. The court also clarified that if the decree is subsequently set aside or modified, the revenue authorities may take appropriate steps.

Law Points

  • Mutation entry
  • Section 73AA Gujarat Land Revenue Code
  • 1879
  • Civil court decree binding on revenue authorities
  • Rectification of revenue records
  • Duty of revenue officer to implement decree
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Case Details

2026 LawText (GUJ) (03) 1145

R/Special Civil Application No. 10032 of 2016

2026-03-06

Justice Divyesh A. Joshi

2026:GUJHC:17104

Nachiket A. Dave for petitioners, Jay Trivedi (AGP) for respondent No.1, Amit K. Dave for respondent No.4, K.T. Dave for respondent No.4

Dudhliben, D/o Jhiniya Ravji (Deceased) & Ors.

State of Gujarat & Ors.

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging the refusal of revenue authorities to mutate the petitioner's name based on a civil court decree.

Remedy Sought

Petitioner sought a direction to the revenue authorities to mutate her name in the revenue records based on a civil court decree.

Filing Reason

Revenue authorities refused to mutate the petitioner's name on the ground that the civil court decree was under appeal.

Issues

Whether the revenue authorities can refuse to mutate the name of a decree-holder on the ground that the decree is under appeal.

Submissions/Arguments

Petitioner argued that a civil court decree is binding on revenue authorities and mere pendency of appeal does not justify refusal to mutate. Respondent State argued that since the decree was under appeal, the mutation could not be effected.

Ratio Decidendi

A civil court decree is binding on revenue authorities unless stayed by a competent court. Mere pendency of an appeal does not constitute a valid ground for refusal to mutate the name of the decree-holder in revenue records.

Judgment Excerpts

Learned advocate Mr. Nachiket Dave for the petitioners submits that proceedings under Section 73AA of the Gujarat Land Revenue Code, 1879 are pending and the revenue authorities have refused to mutate the name of the petitioner on the ground that the civil court decree is under appeal. The court held that a civil court decree is binding on revenue authorities and mere pendency of appeal does not justify refusal to mutate.

Procedural History

The petitioner filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court challenging the order of the revenue authority refusing mutation. The court issued rule and heard the matter finally.

Acts & Sections

  • Gujarat Land Revenue Code, 1879: 73AA
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