Allowed

Ramdev Dudi v. Kana Ram

Rajasthan HC18 Jan 2022SAW/66/2020

Case brief

AI extract

What is this about?

This Special Appeal quashed orders directing the impoundment of a photostat of a land transfer document for stamp duty assessment and deferring the decision on its admissibility, mandating the Revenue Court to decide the objection immediately.

What did the court decide?

The orders dated 01.06.2017 and 09.12.2019 are set aside. The Revenue Court is directed to hear the matter on the admissibility of the document and pass a reasoned order.

Ramdev Dudi Vs Kana Ram — Land Acquisition | Rajasthan HC (2022)

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(1 of 7)

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[SAW-66/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 66/2020

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Ramdev Dudi S/o Shri Dhanna Ram, Aged About 57 Years, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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----Appellant

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Versus

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Kana Ram S/o Shri Pura Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Parsa Ram S/o Shri Mangu Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Mangla Ram S/o Shri Mangu Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Ramwaroop S/o Shri Mangu Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Hapu Ram S/o Shri Simbhu Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Rooparam S/o Shri Pema Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Budha Ram S/o Shri Pema Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Ramkaran S/o Shri Pema Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Chuka Devi W/o Pema Ram Ji,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Lr's Of Kesha Ram S/o Shri Simbhu Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Naguar.

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Ghewari W/o Kesha Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Baldev S/o Kesha Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Ram Kumar S/o Kesha Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Ramda Ram S/o Kesha Ram,, By Caste Jat, Resident Of

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(2 of 7)

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[SAW-66/2020]

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Village Indawad, Tehsil Merta, District Nagaur.

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Lr's Of Bhanwroo S/o Shri Baksha,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Naguar.

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Bidami W/o Bhanwaroo,, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Babu Ram S/o Bhanwaroo, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Amara Ram S/o Bhanwaroo, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Misa Ram S/o Bhanwaroo, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Poona Ram S/o Bhanwaroo, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Pancha Ram S/o Bhanwaroo, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Kamli D/o Bhanwaroo, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Shanti D/o Bhanwaroo, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Baju D/o Bhanwaroo, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Durga S/o Shri Baksha,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Lr's Of Loona Ram S/o Shri Baksha,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Naguar.

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Jankari W/o Loona Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Ram Niwas S/o Loona Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Pappu S/o Loona Ram,, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Senki D/o Loona Ram,, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Lr's Gokal Ram S/o Shri Baksha,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Naguar.

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Birju Devi W/o Gokal Ram,, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Guna Ram S/o Gokal Ram, By Caste Jat, Resident Of

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(3 of 7)

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[SAW-66/2020]

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Village Indawad, Tehsil Merta, District Nagaur.

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Ramdev S/o Gokal Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Manju D/o Gokal Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Samu D/o Gokal Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Mahendra S/o Rameshwar, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Jitudi D/o Rameshwar, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Ramlal S/o Shri Bhanwaroo, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Sayari W/o Bhanwroo, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Mahaveer Chand S/o Shri Sajjan Raj,, By Caste Oswal, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Nimba S/o Shri Anada,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Asha S/o Shri Anada,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Mahipal S/o Shri Sajjan Raj,, By Caste Oswal, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Lr's Moda Ram S/o Shri Puna Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Kunnai W/o Moda Ram,, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Amu Ram S/o Moda Ram,, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Shobha Ram S/o Moda Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Kalu Ram S/o Moda Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Genda D/o Moda Ram, By Caste Jat, Resident Of Village Indawad, Tehsil Merta, District Nagaur.

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Shivlal S/o Shri Puna Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Raichand S/o Shri Puna Ram,, By Caste Jat, Resident Of

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(4 of 7)

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[SAW-66/2020]

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Indawad, Tehsil Merta, District Nagaur.

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Kishore Ram S/o Shri Ramkaran,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Mokali W/o Shri Ram Karan,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Sukha Ram S/o Shri Purkha Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Shankar Ram S/o Shri Purkha Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Ram Baksh S/o Shri Purkha Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Daya Ram S/o Shri Birda Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Radhudi W/o Shri Bhiya Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Baksha S/o Shri Likhma,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Bhola S/o Shri Likhma,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Sayari W/o Shri Bhanwroo,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Rama Kishan S/o Shri Dhanna Ram,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Rugha Ram S/o Shri Ram Sukh,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Gordhan S/o Shri Ram Sukh,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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Parmai W/o Ram Sukh,, By Caste Jat, Resident Of Indawad, Tehsil Merta, District Nagaur.

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State Of Rajasthan, Through Tehsildar Merta.

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Sub Registrar, Merta City.

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----Respondents

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For Appellant(s) : Mr. Vishal Sharma, through VC For Respondent(s) : Mr. Abhinav Jain, through VC

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(5 of 7)

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[SAW-66/2020]

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Judgment

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18/01/2022

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By way of this special appeal (writ), the appellant writ petitioner has approached this court for assailing the order dated 09.12.2019 passed by the learned Single Bench of this court in S.B. Civil Writ Petition No.10787/2018. The petitioner filed a suit for declaration; partition; correction of entry in revenue record and permanent injunction. The respondent-defendant Kanaram filed an affidavit in examination-in-chief and placed on record a document being a copy of Bahikhata allegedly executed 67 years ago, whereby the land in question was claimed to have been transferred in favour of Simbhu Ram, Likhma Ram and others for consideration of Rs.160/-. The petitioner raised an objection regarding admissibility of the copy of the Bahikhata alleging that the document in question proposed transfer of immovable property for the value of above Rs.100/- and thus, the same was required to be compulsorily registered. Learned Revenue Court deferred consideration of the petitioner’s objection till final disposal of the suit by order dated 01.06.2017, which was challenged by the petitioner by filing the above writ petition.

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The learned Single Bench, rather than deciding the issue regarding decision of the preliminary objection of the petitioner on the question of admissibility of the document, directed the court below to impound the document in question and to send the same to the Collector (Stamps) for determination of appropriate stamp duty and also ordered that upon payment of the stamp duty, the document would be admissible in evidence for

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[SAW-66/2020]

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collateral purposes. The said order of the learned Single Bench has been challenged in this appeal.

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Learned counsel Mr. Vishal Sharma, representing the appellant-petitioner, vehemently and fervently urged that it was essential for the Revenue Court to have decided the preliminary objection of the petitioner regarding the admissibility of the document and the issue could not have been deferred to the stage of final disposal of the suit. He, thus, urged that the learned Revenue Court be directed to decide this objection of the petitioner forthwith. He further urged that the direction given by the learned Single Bench to impound the document and send it to the Collector (Stamps) for determining the stamp duty is also unsustainable for the reason that the document was never filed in original and rather, only a photo copy was submitted. Photostat copy of a document can neither be impounded nor the same can be registered or admitted in evidence. He, thus, urged that the impugned order deserves to be quashed and set aside.

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Mr. Abhinav Jain, learned counsel representing the respondents, vehemently and fervently opposed the submissions advanced by the appellant’s counsel. However, he too is not in a position to dispute the fact that the original document was not submitted on the record of the Revenue Court and only a copy was placed on record alongwith the affidavit of the respondentdefendant.

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In this background, we are of the firm view that the direction given by the learned Single Bench to impound the document and to send the same to the Collector (Stamps) for determination of the stamp duty is unjustified and hence, unsustainable in the eyes of law. Manifestly, photostat copy of the

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[SAW-66/2020]

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document cannot be taken on record unless specific order is passed to accept it by way of secondary evidence. Furthermore, there cannot be any dispute on the aspect that objection of admissibility of the document has to be decided at the very stage it is raised and should not be deferred to the final stage of the suit.

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In view of the discussion made above, the impugned order dated 09.12.2019 passed by the learned Single Bench in S.B. Civil Writ Petition No.10787/2018 so also the order dated 01.06.2017 passed by the Sub Divisional Magistrate, Merta in Revenue Suit No.174/2000 do not stand to scrutiny and hence, cannot be sustained. The same are, therefore, set aside. It is directed that the Revenue Court shall forthwith hear the matter on the admissibility of the document in question and pass a reasoned order on the objection raised by the petitioner in this regard. The appeal is allowed in these terms.

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No order as to costs.

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(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

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69-Pramod/-

Ramdev Dudi v. Kana Ram

Case brief

What is this about?

What did the court decide?

Ramdev Dudi v. Kana Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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