IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 7239 of 2011 (O&M) Date of Decision: 24.08.2011 Mohd. Salim ..Petitioner Versus Financial Commissioner, Animal Husbandry Department, Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. A.K.Garg, 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) Learned counsel for the petitioner has very fairly stated that since present writ petition has arisen out of mutation proceedings, therefore, he may be permitted to withdraw this petition, with liberty to file regular suit for declaration and injunction. He has fairly and correctly argued that mutation does not confer any title and it is the source of title, which is to be seen; any order or observation made in the mutation proceedings shall not be res judicata in the regular suit for declaration/injunction. He has further stated that the petitioner shall file suit for declaration/injunction within 30 days from today, however, his only apprehension is that meanwhile, the respondents may create third party interest on the basis of impugned mutation order. Petition is dismissed as withdrawn with liberty to the petitioner to file regular suit for declaration and injunction. Any observation made in the mutation proceedings shall not be res judicata in a regular suit for declaration/injunction and the suit shall be decided without being prejudiced from any observation/decision in the summary proceedings. If suit is filed by the petitioner within 30 days from today, it will be decided on its own merit at the earliest CWP No. 7239 of 2011 -2- .. without any unnecessary adjournment. It goes without saying that any third party interest created by the respondents, pursuant to the impugned mutation proceedings, shall not effect the legitimate and legal right of the petitioner in the regular suit to be filed by him. (ALOK SINGH) JUDGE 24.08.2011 som