Civil Writ Petition No. 88 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 88 of 2007 Date of Order: 25.02.2010 Mansa Singh & others ....Petitioners Versus Financial Commissioner-cum-Principal Secretary (Tourism), Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. R.S.Chauhan,Advocate for the petitioners. Mr. S.S.Sahu, AAG, Punjab for respondent no.1. Mr. G.S.Nagra, Advocate for respondent no.2. RAJIVE BHALLA, J (Oral). The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 12.10.2006, passed by the Financial Commissioner-cum-Principal Secretary (Tourism), Punjab, Chandigarh, setting aside the orders passed by the Commissioner, (Appeals), Jalandhar, dated 08.01.2003 and the order dated 28.09.2000, passed by the Assistant Collector Ist Grade, Jalandhar. Counsel for the petitioners submits that as the petitioners, the contesting and the proforma respondents are not at issue on the civil death of Jugraj Singh, the Assistant Collector Ist Grade, Jalandhar, rightly sanctioned the mutation in favour of the natural heirs of Jugraj Singh. The Financial Commissioner, has for entirely irrelevant reasons, accepted the appeal filed by respondent no.2, set Civil Writ Petition No. 88 of 2007 -2- aside the orders passed by the Assistant Collector Ist Grade, Jalandhar and the Commissioner, and remanded the matter to the Assistant Collector Ist Grade, Jalandhar to decide the matter afresh after grant of an opportunity of cross-examination to the parties. Counsel for respondent no.2 submits that their father Gurbachan Singh executed a Will excluding Rachpal Kaur and Harvinder Singh, his daughter and son respectively from inheriting his estate, while bequeathed his property to Balraj Kaur, Jugraj Singh, Amarjeet Kaur and Balwinder Singh. Inheritance to the estate of Jugraj Singh, received from their father, would, therefore, open in accordance with the Will of their father dated 28.05.1982. It is argued that the Financial Commissioner has remanded the matter, so as to enable the Assistant Collector Ist Grade to examine this aspect and to enable parties to cross-examine witnesses. I have heard counsel for the parties, perused the impugned order and am satisfied that the Financial Commissioner has committed an error of jurisdiction while setting aside the orders passed by the Assistant Collector Ist Grade, Jalandhar and the Commissioner. The dispute in the present case, relates to inheritance to the estate of Jugraj Singh, who is related in equal degrees to the petitioners, respondent no.2 and the proforma respondents. Neither party has advanced any argument against the presumed civil death of Jugraj Singh. It is admitted by all concerned that Jugraj Singh has not executed a testamentary instrument. Inheritance to his estate would, therefore, necessarily open in accordance with the provisions of Section 8 of the Hindu Succession Act. The Will executed by their Civil Writ Petition No. 88 of 2007 -3- father Gurbachan Singh is irrelevant as the property had devolved upon Jugraj Singh as an absolute owner. As a consequence, there was no reason for the Financial Commissioner to have accepted the revision and remitted the matter to the Assistant Collector Ist Grade, to allow the parties to cross-examine the witnesses. In view of what has been stated hereinabove, the writ petition is allowed, the order dated 12.10.2006 is set aside . February 25, 2010 (RAJIVE BHALLA) nt JUDGE