CWP No.10078 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10078 of 2007 Date of decision: 09.08.2011 Gurmukh Singh ....Petitioner Versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. P.S. Khurana, Advocate, for the petitioner. Mr. Jaswinder Singh, DAG, Punjab. Mr. K.L. Dhawan, Advocate, for respondent No.5. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J.(ORAL) Record reveals that petitioner has invoked the jurisdiction of this Court under Article 226/227 of the Constitution of India assailing the order passed by learned Financial Commissioner dated 12.7.2006 passed in a summary proceeding of mutation. The only question involved in the present case is as to whether petitioner has inherited the estate of Santa Singh-deceased through registered 'Will' dated 1.8.1988 or respondent No.5 has inherited the state of Santa Singh-deceased as natural heir. Any observation made or any order passed in a summary proceeding of mutation shall not be res judicata in a regular suit seeking declaration of the title. It is also settled position of law that mutation does not confer any title and it is the source of title which is to be seen. CWP No.10078 of 2007 2 It is also settled position of law that revenue authorities are duty bound to carry out the mutation as per the judgment and decree in a suit for declaration. Since order impugned is passed in a summary proceeding of mutation, therefore, I am not inclined to exercise my writ jurisdiction under Article 226/227 of the Constitution of India to find out fault or illegality in the impugned order. Both the parties shall be at liberty to get their grievance redressed by way of filing regular suit for declaration/possession/injunction before the competent Civil Court and any ultimate decision passed in the civil suit shall be binding on the revenue authorities and revenue authorities shall carry out the mutation strictly in accordance with the ultimate decision taken in the civil suit. Petition is dismissed. However, petitioner shall be at liberty to file suit for declaration before the competent Civil Court. (Alok Singh) Judge August 09, 2011 R.S.