IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 17290 of 2011 Date of Decision: 15.09.2011 Virender Singh ..Petitioner Versus Financial Commissioner, Haryana and another. ....Respondents CORAM:- HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. Manoj Kaushik, 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) Risal Singh, owner of the land in dispute, died on 15.1.2004. Petitioner, adopted son of Risal Singh, pursuant to the registered Adoption deed dated 22.7.1996, claimed inheritance of estate of Risal Singh. Revenue authorities in a summary proceeding of mutation, while entering into complicated question of validity of adoption, have ruled against the petitioner saying that the petitioner is not the adopted son of Risal Singh, therefore, mutation would be sanctioned in favour of Satyavrat (respondent No.2), real nephew of Risal Singh. This Court in the matter of Shamsher Singh Vs. Commissioner, Patiala Division, Patiala (CWP No. 16338 of 2011 decided on September 2nd, 2011) has observed that mutation neither confer nor extinguish title; any finding, observation or decision in summary proceedings of mutation, shall not be res judicata in a suit for declaration of title and if title is claimed by respective parties in a regular civil suit, it shall be decided without being prejudiced from any finding, observation or decision passed in summary proceedings of mutation. This Court has further ruled that CWP No. 17290 of 2011 -2- .. revenue authorities are not expected to enter and decide complicated questions of law and inheritance in summary proceedings of mutation. It has been further ruled that ordinarily, writ petition should not be entertained against the orders passed in summary proceedings of mutation since the petitioner has alternative remedy of filing a regular suit claiming title. In view of above, I am not inclined to invoke my writ jurisdiction to see the correctness of orders passed by revenue authorities. The petitioner, if so wishes, can file suit for declaration of his title in a competent Court of civil jurisdiction. In the event of filing the suit, it shall be decided by the Civil Court at its own merit, in accordance with law, without being prejudiced by any finding, observation or decision passed in impugned mutation proceedings and any finding, observation or decision passed in the mutation proceedings, shall not be taken as res judicata in civil suit. The revenue authorities shall carry out the mutation strictly as per the ultimate decision in the civil suit. Petition stands disposed of accordingly. (ALOK SINGH) JUDGE 15.09.2011 som