IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 15217 of 2011 Date of Decision: 30.08.2011 Bhawani Singh and others ..Petitioners Versus Financial Commissioner and others ....Respondents CORAM:- HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. S.S.Dinarpur, Advocate, for the petitioners. 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) Petitioners have invoked the writ jurisdiction of this Court, challenging the orders passed in mutation proceedings. In the opinion of this Court, mutation proceedings are summary in nature; any observation/decision in the summary proceedings of mutation shall never be res judicata in a regular suit for declaration; suit for declaration can always be decided without being prejudiced from any observation, finding or decision in the summary proceedings of mutation; mutation does not confer any title, it is the source of title, which is to be seen. Learned counsel for the petitioners has fairly stated that civil suit involving question of declaration – possession is pending between the parties, before the competent civil Court. Since, regular suit between the parties is pending before the civil Court, therefore, the parties can agitate their respective rights in the pending suit. I am not inclined to invoke my writ jurisdiction to see the correctness of the orders passed in summary proceedings of mutation. The writ petition is thus, dismissed, in limine. However, it is made clear that civil suit shall be decided at its CWP No. 15217 of 2011 -2- .. own merit, in accordance with law and any finding/observations or decision made in the impugned orders by the revenue authorities, in mutation proceedings, shall not prejudice the mind of the trial Court . It goes without saying that ultimately, the revenue authorities shall carry-out the mutation strictly as per the final decision in the civil suit. (ALOK SINGH) JUDGE 30.08.2011 som