[2025:RJ-JD:32244]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17835/2022

1. Radha Kunwar D/o Shri Girwar Singh, Aged About 37 Years, By Caste Rajput, Resident Of Village - Kotela, Tehsil - Nathdwara, District Rajsamand.

2. Smt. Durga Kanwar W/o Lt. Shri Girwar Singh, Aged About 51 Years, By Caste Rajput, Resident Of Village Bagol (Kotela), Tehsil - Nathdwara, District Rajsamand.

3. Raj Kunwar D/o Shri Girwar Singh, Aged About 39 Years, By Caste Rajput, Resident Of Village- Kotela, Tehsil Nathdwara, District Rajsamand.

4. Genda Kunwar D/o Shri Girwar Singh, Aged About 34 Years, By Caste Rajput, Resident Of Village - Kotela, Tehsil Nathdwara, District Rajsamand.

----Petitioners Versus

1. Paresh Soni S/o Shri Navneet Kumar Soni, Resident Of Naniji Ka Bag, Nathdwara, Tehsil Nathdwara, District Rajsamand.

2. Sanjay Singhvi S/o Shri Dharam Chand, Resident Of Tehsil Road, Nathdwara, Tehsil Nathdwara, District Rajsamand.

3. Kamal Singh S/o Shri Girwar Singh, By Caste Rajput, Resident Of Village Kotela, Tehsil Nathdwara, District Rajsamand.

4. Smt. Prem Kanwar W/o Shri Girwar Singh, By Caste Rajput, Resident Of Village Kotela, Tehsil Nathdwara, District Rajsamand.

5. State Of Rajasthan, Through The Tehsildar, Nathdwara, District Rajsamand.

6. Sub Registrar, Registration Office, Nathdwara, District Rajsamand.

7. Assistant Collector (Sub Divisional Officer), Nathdwara, District Rajsamand.

8. Land Settlement Officer Cum Revenue Appellate Authority, Udaipur.

9. Board Of Revenue, Rajasthan, Ajmer.

----Respondents For Petitioner(s) : Mr. Parwat Singh Rathore For Respondent(s) : Mr. Vinit Sanadhya HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

Reserved on : 22/07/2025 Pronounced on : 07/08/2025

1. The petitioners have preferred the instant writ petition seeking following reliefs:-

“It is, therefore, respectfully prayed that:-

(a) by an appropriate writ, order or direction, this petition may kindly be allowed with costs and the impugned judgment dated 13.10.2022 passed by the learned Board of Revenue (Annexure-6) may kindly be set aside and the learned Board of Revenue may kindly be directed to consider the matter in hand under appeal on merits instead of remanding back and hearing to the parties, passed the appropriate orders.

(b) Any other appropriate order or direction, which this Hon’ble Court deem just and proper be passed in favour of the petitioners.”

2. Learned counsel for the petitioners submitted that a suit seeking partition of the land bearing Khasra No.11, ad-measuring 26 Bighas and 12 Biswa (hereinafter referred to as “the land in question”), was filed, seeking partition amongst the ‘Khatedars’ in accordance with their respective shares.

3. The Assistant Collector (Sub-Divisional Officer), Nathdwara, District Rajsamand, vide judgment and preliminary decree dated

11.02.2015 (Annex.-01), was pleased to declare the respective shares of the co-sharers as under:

(i) Kamal Singh S/o Girwar Singh, Raj Kunwar, Genda Kunwar and Radha Kunwar D/o Girwar Singh – each entitled to 1/5th share of the land in question;

(ii) Prem Kunwar and Durga Kunwar W/o Girwar Singh – each entitled to 1/10th share of the land in question.

3.1. It is noted that defendant no.1 Dungar Singh had expired during the pendency of the matter before Assistant Collector and his legal representatives were already arrayed as defendants no.2 to 5 therefore, the matter was decided accordingly by the Assistant Collector.

4. Being aggrieved by the preliminary decree dated 11.02.2015, an application under Section 151 CPC was filed by respondent no.2 Sanjay Singhvi and respondent no.1 Paresh Soni (hereinafter collectively referred to as ‘applicants’), asserting that they had purchased the shares of Dungar Singh, Kamal Singh, Durga Kunwar and Prem Kunwar. However, the said application under Section 151 CPC was dismissed by the Assistant Collector, Nathdwara, vide order dated 06.09.2016 (Annex.-04).

5. Subsequently, realizing that the proper remedy was not under Section 151 CPC,