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[2026:RJ-JP:6566-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 1766/2026
1. M/s SJVS Infra, (Partnership Firm), Through Partner And Authorised Signatory Jayesh Mittal S/o Shri Gouri Shankar Mittal, Registered Office Flat No. 201, Shankar Residency, Ward No.35, Max Hospital, Police Line Road, Sikar (Rajasthan) 332001.
2. Jayesh Mittal S/o Shri Gouri Shankar Mittal, Partner And Authorised Signatory M/s SJVS Infra (Partnership Firm), Registered Office Flat No. 201, Shankar Residency, Ward No. 35, Max Hospital, Police Line Road, Sikar (Rajasthan)
332001. ----Petitioners Versus
1. State of Rajasthan, Through Revenue Secretary, Secretariat, Jaipur.
2. Collector (Stamps), Sikar.
3. Sub-Registrar, Registration And Stamp Department, Sikar.
4. Shri Sohan Singh Godara S/o Shri Parsharam Godara, R/o B-23, Singh Bhoomi, Khatipura, District Sikar.
5. Smt. Bhanwari Grand Daughter Mehtabkha W/o Mushtak Kha, R/o Mohalla Kureshiyan, Sikar, Tehsil And District Sikar. ----Respondents For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Priyam Agarwal HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order 12/02/2026
1.
Learned counsel appearing for the petitioners submits that petitioner No.1 is a Partnership Firm and petitioner No.2 is a
[2026:RJ-JP:6566-DB] (2 of 3) [CW-1766/2026] partner of Petitioner No.1-firm. Petitioner No.1 purchased a plot measuring 300 sq. yards from one Smt. Indra Devi, who had earlier purchased the said plot from one Smt. Vidya Devi. The plot was purchased by petitioner No.1 on 24.03.2023 through a registered sale deed and Smt. Vidya Devi had sold the aforesaid plot to Smt. Indra Devi through a registered sale deed dated
28.01.2015.
2. It is noticed that on 29.06.2020, a civil suit for specific performance of the sale agreement dated 26.11.2002 was filed by the respondent No.4 against respondent No.5 with regard to the entire land bearing Khasra No.1093 which included the land in question of petitioner measuring 300 sq. yards plot.
3. During the pendency of the suit, the concerned sale agreement was impounded and a stamp duty along with interest and penalty was imposed with regard to the concerned documents, to be paid by respondent No.4. However, the respondent No. 4 failed to deposit the amount and the suit was also dismissed on account of non-appearance. Resultantly, the State Authorities initiated process for recovery of the stamp duties relating to concerned sale agreement from the property of respondent No.4 and an attachment warrant was issued on the residential constructed property of the petitioner. Hence, the present petition has been filed.
4. We find that the facts, as above, reflect there being complicated question of facts which need to be proved in a competent Court. Moreover, we find that so far as the petitioners are concerned, they have purchased the property which was already in dispute. The principle of lis pendens is applicable on all
[2026:RJ-JP:6566-DB] (3 of 3) [CW-1766/2026] purchasers and, therefore, if any consequential actions have been taken on the basis of the civil suit which was pending at the time when the land was purchased, will have to be borne by the petitioners.
5. The present Civil Writ Petition is wholly misconceived and is accordingly, dismissed.
6. All pending applications also stand disposed of.
(SANGEETA SHARMA),J (SANJEEV PRAKASH SHARMA),ACTING CJ AMIT /6