CWP No.17755 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17755 of 2011 Date of decision: 21.09.2011 Sameer ....Petitioner Versus Financial Commissioner & Principal Secretary to Govt. Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Sanjiv Gupta, 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) Present petition is arising out of the mutation proceedings whereby mutation sanctioned in favour of the petitioner was cancelled by the Financial Commissioner. Learned counsel for the petitioner has fairly stated that respondent No.5 has filed civil suit for declaration to the effect that gift deed dated 20.7.2007 in favour of the petitioner be declared null and void, which is pending disposal before the civil Court, however, during the pendency of the civil suit, learned Financial Commissioner has cancelled mutation, which was sanctioned in favour of the petitioner. This Court in the case of Shamsher Singh Vs. Commissioner, Patiala Division, Patiala and others, CWP No.16338 of 2011 decided on 02.09.2011 has held that ordinarily writ petition should not be entertained against the order passed in the summary mutation CWP No.17755 of 2011 -2- proceedings in view of the fact that parties have alternate efficacious remedy to get their respective titles decided in a regular suit. This Court has further held that any decision, finding or observation in a summary proceeding of mutation shall not be taken as res judicata in a regular suit of title and shall not prejudice the trial of the regular suit involving question of title, since mutation neither confers nor extinguishes title. This Court has further held that revenue officer should not enter into the complicated questions of fact and law. In view of the above, I am not inclined to invoke my writ jurisdiction. Present petition is disposed of with the observation that parties may agitate their respective rights/title in the pending civil suit. Revenue officer shall carry out mutation as per final verdict in the pending civil suit filed by respondent No.5 against the petitioner. Creation of any third party interest during the pendency of the civil suit shall be hit by principles of lis pendens and shall be subject to the final decision in the pending civil suit. (Alok Singh) Judge September 21, 2011 R.S.