Rajasthan High Court - Jodhpur
Geetudi vs Insaf Ali (2025:Rj-Jd:24622) on 21 May, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:24622]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6002/2025
Geetudi D/o Madhu W/o Hanumanram Nayak, Aged About 72
Years, Resident Of Village Lunia, Tehsil Riyabaedi, District
Nagaur.
----Petitioner
Versus
1. Insaf Ali S/o Bashir Khan Sepoy, Resident Of Merta City,
Tehsil Merta, District Nagaur.
2. Mumtaz W/o Sadiq, Resident Of Merta City, Tehsil Merta,
District Nagaur.
3. Shamim W/o Sadiq, Resident Of Merta City, Tehsil Merta,
District Nagaur.
4. Rehana D/o Sadiq, Resident Of Merta City, Tehsil Merta,
District Nagaur.
5. Rubina D/o Sadiq, Resident Of Merta City, Tehsil Merta,
District Nagaur.
6. Tabassum D/o Sadiq, Resident Of Merta City, Tehsil Merta,
District Nagaur.
7. Abubakar Wahid S/o Sadiq, Resident Of Merta City, Tehsil
Merta, District Nagaur.
8. Parvez S/o Sadiq, Resident Of Merta City, Tehsil Merta,
District Nagaur.
9. Rustam S/o Bashir Khan, Resident Of Merta City, Tehsil
Merta, District Nagaur.
10. Bana D/o Bashir Khan, Resident Of Merta City, Tehsil
Merta, District Nagaur.
11. Choti Bano D/o Bashir Khan, Resident Of Merta City,
Tehsil Merta, District Nagaur.
12. Farzana W/o Ahsan, Resident Of Merta City, Tehsil Merta,
District Nagaur.
13. Imran S/o Ahsan, Resident Of Merta City, Tehsil Merta,
District Nagaur.
14. Bilal S/o Ahasn, Resident Of Merta City, Tehsil Merta,
District Nagaur.
15. Mohammed Usman S/o Ahsan, Resident Of Merta City,
Tehsil Merta, District Nagaur.
[2025:RJ-JD:24622] (2 of 3) [CW-6002/2025]
16. Afsana Bano D/o Ahsan, Resident Of Merta City, Tehsil
Merta, District Nagaur.
17. State Of Rajasthan, Through Tehsildar Merta District
Nagaur.
18. Patwari Halka Merta, District Nagaur.
19. Chairman, Muncipal Council Merta District Nagour.
20. Board Of Revenue, Rajasthan, Ajmer.
----Respondents
For Petitioner(s) : Mr. Rahul Raj
JUSTICE DINESH MEHTA
Order
21/05/2025
1. By way of the present writ petition, the petitioner has
challenged the order daed 14.02.2025 passed by the Board of
Revenue, Ajmer (hereinafter referred to as 'the Board'), whereby
petitioner's revision petition preferred against the order dated
29.07.2024 passed by the trial court (Tehsildar) has been
rejected.
2. Learned counsel for the petitioner argued that the trial court
has erred in rejecting petitioner's application for impleadment, as
the petitioner was necessary party having rights in the subject
property, as she is purchaser of the subject property by way of an
agreement to sell.
3. Learned counsel for the petitioner argued that a person,
being a purchaser by way of unregistered sale-deed is also
entitled to be impleaded as a party, if his/her rights are adversely
affected.
[2025:RJ-JD:24622] (3 of 3) [CW-6002/2025]
4. In support of his contention, learned counsel for the
petitioner relied upon the judgment (dated 27.07.2012) of High
Court of Andhra Pradesh in the case of K. Ramamoorthi vs. C.
Surendranatha Reddy, reported in MANU/AP/0499/2012.
5. Heard learned counsel for the petitioner.
6. The judgment in the case of K. Ramamoorthi (supra) cited
by the learned counsel for the petitioner was delivered way back
on 27.07.2012, whereafter legal position has totally changed.
7. The trial court has rejected the petitioner's application on the
ground that the petitioner had claimed right of ownership on the
basis of an unregistered sale-deed and the Board has rightly
affirmed the same vide order impugned dated 14.02.2025.
8. In light of the judgment of Hon'ble the Supreme Court in the
case of Thomson Press (India) Ltd. vs. Nanak Builders And
Investors P. Ltd. & Ors., reported in (2013) 5 SCC 397 and
the judgment of this Court in the case of Rajendra Kumar &
Anr. vs. Rameshchandra & Ors., reported in AIR 2017 Raj
169, in which all the judgments on this issue have been dealt
with, the present writ petition is dismissed.
9. Stay application also stands dismissed, accordingly.
(DINESH MEHTA),J
387-Mak/-
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