[2025:RJ-JP:51178] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20084/2025 Vakeel Qureshi Son Of Chhotu Qureshi, Aged About 63 Years, Resident Of Ambedkar Nagar, Sikar (Raj.) ----Petitioner Versus 1. Shri Nasruddin, Since Deceased Through Lrs - 1/1 Alam Nasra, Wife Of Late Shri Nasruddin 1/2 Sikandar Ali, Son Of Late Shri Nasruddin 1/3 Imran, Son Of Late Shri Nasruddin 1/4 Mosin, Son Of Late Shri Nasruddin 1/5 Firoj Khan Son Of Late Shri Nasruddin, All Are Resident Of Ward No. 46, Ambedkar Nagar, Sikar (Raj.) 1/6 Nasim Bano Daughter Of Late Shri Nasruddin Wife Of Hasan, Resident Of Miyon Ka Mohalla, Sikar (Raj.) 1/7 Pinky Daughter Of Late Shri Nasruddin Wife Of Manbhar, Resident Of Losal, Sikar (Raj.) 2. Rafik Vyapari Son Of Kasam Kabadi, Resident Of Ambed- kar Nagar, Sikar (Raj.) 3. Ajij Haji Son Of Najir Haji, Resident Of Ambedkar Nagar, Sikar (Raj.) 4. Mohidin Son Of Chhotu Qureshi, Resident Of Ambedkar Nagar, Sikar (Raj.) 5. Saddam Hussain Son Of Ajij Haji, Resident Of Ambedkar Nagar, Sikar (Raj.) 6. Sajid Son Of Vakeel Qureshi, Resident Of Ambedkar Na- gar, Sikar (Raj.) 7. Abdul Munaan Son Of Mahboob, Resident Of Ambedkar Nagar, Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Imran Khan For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 18/12/2025 1. The present writ petition has been filed against the order dated 28.11.2025, passed by the learned Additional Senior Civil [2025:RJ-JP:51178] (2 of 3) [CW-20084/2025] Judge cum Additional Chief Judicial Magistrate No.2, Sikar, whereby, the application of the petitioner under Section 151 of CPC, was rejected. 2. Learned counsel for the petitioner submits that the learned trial Court has rejected the application in an incorrect manner. He further contends that the stamp duty should not be levied on the entire land measuring 1075 sq. yards, as mentioned in the docu- ment, on the ground that the gift deed in favour of the petitioner pertains only to 314.88 sq. yards out of the said land. He there- fore, prays that the order dated 28.11.2025, may be quashed and set aside. 3. Heard. 4. This Court has perused the impugned order and finds that the document, on which stamp duty has been demanded, is an agreement between the parties relating to land measuring 1075 sq. yards. Merely because, by a subsequent document, i.e., the gift deed, the petitioner has acquired rights only in respect of 314.88 square yards, does not warrant a reduction in the original agreement which encompasses the entire 1075 sq. yards. This Court opines that stamps duty is levied based on the nature and extent of the instrument as executed and not solely on the rights subsequently derived through a gift deed. 5. This Court finds no reason to interfere with the order dated 28.11.2025. Therefore, the present writ petition is hereby dis- missed and order dated 28.11.2025, passed by the learned Addi- [2025:RJ-JP:51178] (3 of 3) [CW-20084/2025] tional Senior Civil Judge cum Additional Chief Judicial Magistrate No.2, Sikar, is upheld. 6. For the reasons mentioned above, the writ petition stands dis- posed of. 7. All pending application(s), if any, stand disposed of. (BIPIN GUPTA),J Sudha/11