IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 17668 of 2011 Date of Decision: 20.09.2011 Surjit Kaur and others ..Petitioners Versus Commissioner, Patiala Division, Patiala and others ....Respondents CORAM:- HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. Maninderpreet Kaur, Advocate, for the petitioners. 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 petitioners states that after the death of Jaswant Kaur, petitioners claimed title by way of inheritance over the estate left by Jaswant Kaur (deceased) being her daughters, while respondents No. 2 to 6 have claimed title over the estate left by Jaswant Kaur (deceased) on the basis of alleged Will. Present petition has arisen out of the mutation proceedings between the two claimants, i.e., the petitioners at one hand and the private respondents on the other hand. This Court in the case of Shamsher Singh Vs. Commissioner, Patiala Division, Patiala (CWP No. 16338 of 2011 decided on September 2nd, 2011) has held that the mutation proceedings are summary proceedings in the nature of fiscal inquiries instituted in the interest of the State for the purpose of recovery of the land revenue and to update the land record. This Court has further held that any finding, observation or decision in summary proceedings of mutation shall neither confer nor extinguish title of either of the party appearing before the Revenue officers. It was also held that any observation/finding or decision in summary proceedings of mutation shall not be res judicata in a civil suit for declaration and title and civil Court hearing the suit involving question CWP No. 17668 of 2011 -2- .. of title shall not be prejudiced by any finding, observation or decision in summary proceedings. This Court has further held that writ petition arising out of mutation proceedings, ordinarily, should not be entertained in view of the fact that the parties have efficacious remedy to get their title decided by way of regular suit. In view of above, I am not inclined to invoke my writ jurisdiction. The writ petition is dismissed in limine, however, it is made clear that the petitioners shall be at liberty to file civil suit for declaration of title over the estate left by their deceased mother – Jaswant Kaur. In the event of filing civil suit by the petitioners, the same shall be decided at its own merit without being prejudiced from any observation/finding or decision in the impugned orders passed in mutation proceedings and shall not act as res judicata in civil suit to be filed by the petitioners. It goes without saying that the Revenue authorities shall carry out mutation, strictly as per the final verdict in the civil suit to be filed by the petitioners. (ALOK SINGH) JUDGE 20.09.2011 som