CWP No.15134 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.15134 of 2009 Date of Decision: 20.1.2010 Gurvinder Singh .....Petitioner Vs. Financial Commissioner Revenue Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. V.K. Sandhir, Advocate for the petitioner. .... RAJIVE BHALLA, J The petitioner prays for the issuance of a writ in the nature of Certiorari for quashing the orders passed by the Financial Commissioner, Revenue, Punjab, Chandigarh, the Commissioner, Jalandhar Division, Jalandhar and the Collector, Tarn Taran, dated 5.5.2009, 22.10.2008 and 11.10.2007. It is further prayed that a writ in the nature of Mandamus be issued to restrain revenue authorities from altering mutation no.1275 sanctioned in favour of the petitioner. The petitioner's brother passed away on 12.11.2005 but before his demise, he executed a registered will dated 22.9.2005, bequeathing his property to the petitioner. The Assistant Collector, Ist Grade, Tarn Taran vide order dated 30.10.2006, sanctioned a mutation in favour of the petitioner, on the basis of the registered will. The private respondents, who are the mother, the minor children and widow of the deceased, filed an appeal, which was accepted by the Collector and the mutation sanctioned in favour of the petitioner was set aside. The appeal and the revision filed by CWP No.15134 of 2009 2 the petitioner before the Commissioner and the Financial Commissioner were also dismissed. Counsel for the petitioner submits that as the petitioner has relied upon a registered will, revenue authorities have no jurisdiction to refuse attestation and sanction of a mutation. The petitioner's brother was suffering from HIV Aids. His wife respondent no.4 abandoned him. The petitioner took care of his brother during his last days and, therefore, his brother executed the will in his favour. It is further submitted that revenue authorities have no jurisdiction to reject a registered will or to hold that it is surrounded by suspicious circumstances. I have heard learned counsel for the petitioner and perused the impugned orders. Admittedly, a civil suit relating to the validity of the will is pending adjudication. The findings of fact recorded by revenue authorities that the will is shrouded by suspicious circumstances, though not binding upon the civil court, cannot be faulted. Mutation proceedings are summary in nature and are recorded with the sole object of updating revenue record. Whether the will is legal and valid would have to await the outcome of the civil suit. However, orders passed by revenue authorities would have no bearing on the pending civil suit. Dismissed. 20.1.2010 ( RAJIVE BHALLA ) GS JUDGE