IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 19589 of 20090 Date of decision: 26.9.2011 Ajit Ram Malli …..petitioner vs. State of Punjab and ors …..respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE JASWANT SINGH Present: - Mr. D.S. Patwalia, Advocate for the petitioner. Mr. Piyush Kant Jain, Addl.A .G., Punjab for respondents No. 1 and 2. Mr. B.R. Bansal, Advocate for respondents no. 4 Mr. S.K.Singla, Advocate for respondents No. 5 and 6. HEMANT GUPTA, J Petitioner has invoked the writ jurisdiction of this Court for issuance of a writ of mandamus directing the respondents No. 1 and 2 to sanction mutation in view of the sale certificate dated 17.9.2009 (Annexure P-6) issued by the Recovery Officer, Debt Recovery Tribunal, Chandigarh in its favour. The petitioner claims to be the successful auction purchaser in whose favour the sale certificate has been issued. On the basis of such sale certificate, petitioner sought CWP No. 19589 of 2009 mutation in his favour vide the communication dated 20.09.2009 (Annexure P-7). But the Tehsildar-the Competent Authority has neither sanctioned mutation nor refused to do so. Mr. Singla, learned counsel appearing for respondents No. 5 and 6 has pointed out that an appeal at the instance of respondent No. 7 against the order of confirmation of sale is pending before the Debt Recovery Tribunal. Be that as it may. The fact remains that as on today, the request of the petitioner for sanction of mutation has not been considered by the Competent Authority. Therefore, we dispose of the present writ petition with the direction to respondent No. 2 to pass an order as it may consider appropriate on the request of the petitioner for sanction of mutation. Aggrieved party, against the said order shall be at liberty to avail the remedy provided under the Punjab Land Revenue Act, 1887. Disposed of in the above terms. (HEMANT GUPTA) JUDGE (JASWANT SINGH) JUDGE 26.9.2011 preeti 2