[2026:RJ-JP:13459]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17898/2024

1 Smt. Mithlesh Kumari W/o Shri Hari Prakash Kuchhal D/o R.d. Modi, Aged About 84 Years, R/o House No. - 110, Hari Marg, Civil Lines, Jaipur (Raj.) At Present R/o Plot No. 73, Gaurav Nagar, Civil Lines, Jaipur (Raj.)

1.1 Mrs. Sapna Prasad D/o Late Smt. Mithlesh Kumari, And Shri Hari Prakash Kuchhal W/o Shri Madhusudan Prasad, Age About 62 Years, Resident Of M-11, Green Park Main, New Delhi- 110016.

1.2 Mrs. Roopali Rajvanshy D/o Late Smt. Mithlesh Kumari, And Shri Hari Prakash Kuchhal W/o Shri Shekha Rajvanshy, R/o 43632, Bryant Street, Fremont, California-

94538 (USA)

1.3 Rahul Kuchhal S/o Late Smt. Mithlesh Kumari, And Shri Hari Prakash Kuchhal, Aged About 55 Years, Resident Of 73, Gaurav Nagar, Raj Bhawan Road Civil Lines, Jaipur-

302006.

1.4 Bhagwan Singh S/o Late Shri Shiv Lal Singh, Aged About

75 Years, Resident Of 78, Hari Marg, Civil Lines, Jaipur.

----Plaintiffs/Petitioners Versus

1 Mrs. Krishna Kumari W/o Mr. Anandi Lal Roongata, R/o House No. 55, Sangram Colony, C-Scheme, Jaipur (Rajasthan) (Since Died)

1.1 Shri Anandi Lal Roongta S/o Shri Ram Niwas Roongta, Resident Of 55, Sangram Colony, C-Scheme, Jaipur-

302001

1.2 Shri Vinod Kumar Roongta S/o Shri Anandi Lal Roongta, Resident Of 55, Sangram Colony, C-Scheme, Jaipur-

302001

1.3 Shri Raman Roongta S/o Shri Anandi Lal Roonta, Resident Of 55, Sangram Colony, C-Scheme, Jaipur-302001

1.4 Smt. Suman Roongta W/o Shri Suresh D/o Shri Anandi Lal Roongta, Resident Of 55, Sangram Colony, C-Scheme, Jaipur-302001

2 Ashok Kumar Rawat S/o Mr. Ramnarayan Rawat, R/o

1/492, Mor Kutir, Khadi Gramoudhyog, Sanganer, Jaipur (Rajasthan)

3 Mrs. Vimla Roongata W/o Mr. Vinod Kumar Roongata, R/o-5, Sangram Colony, C-Scheme, Jaipur (Rajasthan)

4 Bharat Sangh, Through Appropriate Authority , Income Tax Department, Through Income Tax Officer, Income Tax Department, B-Wing, 8Th Floor, Janpath Bhawan, New Delhi.

5 Ravindra Kumar Rawat S/o Late Mr. Ramnarayan Rawat, R/o 1/492, Mor Kutir, Khadi Gramudhyog Road, Sanganer, Jaipur.

6 Radha Rawat W/o Late Krishan Kumar Rawat, R/o 1/492, Mor Kutir, Khadi Gramudhyog Road, Sanganer, Jaipur.

----Defendants/Respondents For Petitioner(s) : Mr. Prakash Chandra Jain with Ms. Vinni Jain For Respondent(s) : Mr. Ashok Mehta, Sr. Adv. assisted by Mr. Mudit Singhvi, Ms. Priya Khushlani Mr. Vineet Mehta Mr. Aditya Bohra with Ms. Priyanshi Roongta Mr. Kanishk Singhal on behalf of Mr. Gunjan Pathak HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment

1. The present writ petition has been filed assailing the order dated 21.09.2024, passed by learned Additional District and Session Judge, No. 1, Jaipur Metropolitan-II, in Civil Suit No. 59/2012, whereby the application filed by the plaintiffs-petitioners under Order 6 Rule 17 CPC, has been dismissed.

2. The controversy, in a narrow compass, is that the plaintiffs- petitioners instituted a civil suit bearing No. 36/2000 (renumbered as Civil Suit No. 59/2012) for partition, rendition of accounts, and permanent injunction in respect of undivided land admeasuring 17 bighas and 12 biswas situated at Khasra No. 126, Village Durgapura, Tehsil Sanganer, District Jaipur.

3. During the course of the proceedings, the plaintiffs- petitioners filed an application under Order VI Rule 17 CPC seeking amendment of the pleadings. The plaintiffs-petitioners stated in the application that the disputed land was jointly owned by the plaintiffs and defendant No. 1 in the year 1970. In 1976, the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the “Act of 1976”) was enacted and enforced in the State of Rajasthan in March 1976. Thereafter, both the joint tenants filed their statements as mandated under Section 6(1) of the Act of 1976.

3.1 As per Section 5 of the Act of 1976, any transfer of land exceeding the prescribed ceiling limit cannot be effected in any manner whatsoever, and any such transfer, if made, is deemed to be ‘null and void’. Th