CWP No.4941 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4941 of 2010 Date of decision: 13.09.2011 Paramjit Kaur ....Petitioner Versus State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. M.S. Kang, Advocate, for the petitioner. Mr. Jaswinder Singh, DAG, Punjab. Mr. Surinder Sharma, Advocate, for respondent No.2. 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) Learned counsel for the petitioner, while referring to the judgment of this Court in the case of Shamsher Singh Vs. Commissioner, Patiala Division, Patiala and others, CWP No.16338 of 2011 decided on 2.9.2011, has fairly submitted that he may be permitted to withdraw this petition with liberty to file suit for declaration of title. He has further submitted that any observation, finding or decision in a summary proceeding of mutation shall not be res judicata and shall not prejudice the trial of the civil suit to be filed by the petitioner and civil suit shall be decided at its own merit in accordance with law without being prejudiced from any finding, observation and decision in a summary proceeding of mutation. Learned counsel for the petitioner states that civil suit shall be filed within one month from CWP No.4941 of 2010 -2- today. Petition is dismissed as withdrawn with aforesaid liberty. However, it is clarified that if civil suit is filed, that shall be decided in accordance with law at its own merit without being prejudiced from any finding, observation or decision in impugned mutation proceedings and any order passed in the impugned proceedings of mutation shall not be res judicata. Revenue authorities are duty bound to carry out mutation as per the final decision in the civil suit to be filed by the petitioner. No third party interest shall be created meanwhile for one month. (Alok Singh) Judge September 13, 2011 R.S.