CWP No.17227 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17227 of 2011 Date of decision: 14.09.2011 Balwinder Kaur ....Petitioner Versus Financial Commissioner (Co-operation), Government of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Harsh Bunger, Advocate, for the petitioner. 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) Petitioner has invoked the writ jurisdiction of this Court challenging impugned orders dated 9.8.2004, 14.8.2006 and 5.10.2010, wherein name of respondent No.5 was directed to be mutated in the revenue record on the basis of alleged 'Will' of Gurbaksh Singh. Petitioner is claiming title/inheritance being widow of late Gurbaksh Singh as natural heir while respondent No.5, who is now residing in Canada, is claiming inheritance on the basis of 'Will' of late Gurbaksh Singh. Learned counsel for the petitioner in view of 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 rightly submitted that mutation neither confers nor extinguishes title; revenue authorities are not competent to entertain and CWP No.17227 of 2011 -2- decide complicated questions of facts and law about the genuineness, authenticity and validity of the 'Will'; any finding/observation or decision in a summary proceeding of mutation shall not be res judicata and shall not prejudice the title suit, therefore, petitioner may be permitted to withdraw this petition with liberty file civil suit for declaration of title and injunction as petitioner is in the possession. He further states that civil suit shall be filed within two months from today and meanwhile parties be directed not to create third party interest. Petition is dismissed as withdrawn with the aforesaid liberty. Petitioner can file civil suit seeking appropriate reliefs of declaration of title and injunction within two months from today. In the event of filing of the civil suit same shall be decided at its own merit in accordance with law without being prejudiced from any observation/finding or decision in the impugned orders. Any observation/finding or decision in the impugned orders shall not be taken as res judicata in the civil suit. Parties shall not create third party interest for two months from today. (Alok Singh) Judge September 14, 2011 R.S.