Satya Narayan Soni S/O Shri Jagannath Soni, Vs Abdul Sattar S/O Khwaj Beksh

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[2026:RJ-JP:118]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Application No. 73/2022

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Satya Narayan Soni S/o Shri Jagannath Soni, Resident Of Kaithoon, District Kota (Raj.).

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Hanuman Prasad Rathore S/o Shri Nandlal, Resident Of Kaithoon, District Kota (Raj.).

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Murlidhar Lakshar S/o Shri Ramnarayan Lakshar, Resident Of Kaithoon, District Kota (Raj.).(Since Deceased).

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Chotulal Kahar S/o Shri Sharwanlal Kahar, Resident Of Kaithoon, District Kota (Raj.).

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Ramswaroop Malav S/o Shri Madholal Mala, Resident Of Kaithoon, District Kota (Raj.).

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Prem Shankar Rathore S/o Shri Moolchand Rathore, Resident Of Kaithoon, District Kota (Raj.).(Since Deceased)

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Satyaprakash Nandwana S/o Shri Brij Ballabh Nandwana, Resident Of Kaithoon, District Kota (Raj.).

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Surajmal Soni S/o Shri Madanlal Soni, Resident Of Kaithoon, District Kota (Raj.).

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Durga Shankar S/o Shri Panchulal Goswami, Resident Of Kaithoon, District Kota (Raj.).

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----Petitioners

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Versus

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Abdul Sattar S/o Khwaj Beksh, Resident Of Kaithoon Kota (Raj.) Presently Residing At-Ward No. 10 Near Mawasa Ki Nehar Ki Puliy Ke Pass Kaithoon, Tehsil Ladpura, District Kota.

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Abdul Salam S/o Shri Salmuudin, Resident Of Mohalla Shahpura, Village Kaithoon, Tehsil Ladpura, District Kota (Raj.).

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Abdul Hamid S/o Mitthe Bux, Resident Of Mohalla Shahpura, Village Kaithoon, Tehsil Ladpura, District Kota (Raj.).

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Municipality Kaithoon, Through Chairman Kaithoon, Tehsil Ladpura, District Kota (Raj.).

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Tehsildar, Teshil Ladpura, District Kota.

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State Of Rajasthan, Through Collector, District Kota

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(Raj.).

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Rajasthan Board Of Muslim Wakf, Through Chief Executive Officer, Jaleb Chowk, Jaipur (Raj.).

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Shri Shiv Shankar Suman S/o Madho Lal Suman, R/o Resident Of Kaithoon, District Kota (Raj.). Presently Residing At Near Bus Stand Ramdwara, Kaithoon, District Kota.

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Shri Laturlal Gochar S/o Shri Madho Lal Gochar, Resident Of Kaithoon, District Kota (Raj.) Presently Residing At Ward No. 20 Kota Sangod Road, Kaithoon District Kota.

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----Respondents

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For Petitioner(s)	:	Mr. Shailash Prakash Sharma
For Respondent(s)	:	Mr. Praveen Kumar Jain
		Mr. Gaurav Sharma on behalf of
		Mr. Rajesh Kumar Sharma

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HON'BLE MR. JUSTICE BIPIN GUPTA

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Judgment / Order

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06/01/2026

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The present Civil Miscellaneous Application has been filed assailing the order dated 04.02.2019 passed by Rajasthan Wakf Tribunal, Jyoti Nagar, Jaipur.

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Learned counsel for the applicant contends that in regard to the very same property, Takiya Lal Shah, Kaithoon through Shakur Mohammed had filed an appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 impleading the State of Rajasthan through Tehsildar, Tehsil Ladpura, District Kota as party, challenging the mutation entry No. 286 dated 22.01.1993. The said appeal was decided vide order dated 02.07.2002.

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Against the order dated 02.07.2002, three appeals came to be filed before the learned Court of Additional Divisional

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Commissioner, Kota Division, Kota. The three appeals were preferred by Municipality, Kaithoon, eleven persons namely Satnarayan & Ors. and Krishi Upaj Mandi Samiti, Kota respectively. All the three appeals were commonly decided by common order dated 26.10.2006 wherein the appeals were allowed and the order dated 02.07.2002 passed in favour of Takiya Lal Shah was set aside.

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Aggrieved by the order dated 26.10.2006, Takiya Lal Shah through Abdul Sattar s/o Khwaj Beksh preferred revision before the Revenue Board, Ajmer Camp, Kota. The said revision petition was dismissed as the counsel had pleaded no instruction on 15.07.2019. Learned counsel for the applicant therefore submits that the order dated 26.10.2006 had attained finality and the mutation entry No. 286 dated 22.01.1993 remained intact. 5. Learned counsel for the applicant submits that thereafter in a clandestine manner the present respondent Nos. 1, 2 and 3 preferred a suit before the Rajasthan Wakf Tribunal, Jaipur impleading only Municipality, Kaithoon, Tehsildar, Tehsil Ladpura, District Kota, State of Rajasthan through District Collector, Kota and Rajasthan Board of Muslim Wakf as parties to the suit.

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Learned counsel contends that in spite of the knowledge of the litigation and right of the applicants being involved in the disputed property, they were not impleaded as party by the respondent Nos. 1, 2 and 3 and obtained a decree from the Wakf Tribunal vide judgment dated 04.02.2019.

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He contends that the said judgment has been obtained by concealment of the earlier litigation between the parties and the involvement of rights of the applicants in the disputed property.

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He prays that the judgment dated 04.02.2019, which has been obtained behind the back of the applicants, may be quashed and set aside and the matter may be remanded back to the learned Wakf Tribunal, Jaipur.

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Per contra, learned counsel for the respondents supports the order dated 04.02.2019 but could not refute the fact of earlier litigation between the parties and also the fact that the property involved in the earlier litigation and in the present litigation is the same. He also could also not refute the fact that one of the plaintiff-Abdul Sattar was a party in the earlier litigation in the capacity of representing Takiya Lal Shah. 9. Heard both the parties and perused the material available on record.

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This Court finds that the impugned order dated 04.02.2019 has been obtained by the respondent Nos. 1 to 3 by concealing the material facts and knowledge of right of the applicants in disputed property. The plaintiffs were well aware of the right of the applicants herein, as reflected from the earlier litigation and therefore, this Court finds that the order could not be allowed to sustain without proper adjudication of the dispute in the presence of the applicant.

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This Court, therefore, deems it appropriate to quash and set aside the order dated 04.02.2019 and the matter is remanded back to the Rajasthan Wakf Tribunal, Jyoti Nagar, Jaipur.

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Learned counsel for the respondent No.1 undertakes to file an amended cause title before the Wakf Tribunal impleading present applicants as respondents. The Wakf Tribunal after amended cause title being taken on record may give opportunity

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to file reply and evidence to the newly impleaded respondents (present applicants) and thereafter decide the suit in accordance with law.

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