CWP No.19526 of 2007 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.19526 of 2007 (O&M) Date of decision: 03.08.2011 Manmohan Singh ....Petitioner Versus Financial Commissioner, Appeals-II, Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.S. Chauhan, Advocate, for the petitioner. Mr. Jaswinder Singh, DAG, Punjab. Mr. G.S. Nagra, Advocate, for respondents No.2 to 4. 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) Learned counsel for both the parties have fairly stated that petitioner has already filed suit for declaration/cancellation of the sale deed in favour of private respondents where ad interim injunction had already been granted in favour of the petitioner/plaintiff. Learned appearing for both the parties have fairly stated that any order/observation of the revenue authorities in mutation proceedings shall not be res judicata in a pending civil suit, therefore, parties shall contest their respective rights before the Civil Court in a pending suit. Undisputedly, Financial Commissioner has passed impugned order dated 29.10.2007 on the second review petition which itself was not maintainable. Financial Commissioner had absolutely no jurisdiction to entertain and allow the second review petition by the CWP No.19526 of 2007 (O&M) 2 impugned order in view of the dismissal of the first review petition. Therefore, order of learned Financial Commissioner is without jurisdiction. In the opinion of this Court, mutation does not confer any title and it is the source of the title which is to be seen. Any observation or decision in a summary proceeding of mutation shall not be having any binding effect or res judicata in a pending regular civil suit involving the question of possession/title. Therefore, pending civil suit between the parties can be decided without being prejudiced from any observation made by the revenue authorities in mutation proceedings pending between the parties. Revenue authorities shall carry out the mutation strictly in accordance with the ultimate decision in the civil suit. Thus, present petition stands disposed of accordingly. (Alok Singh) Judge August 03, 2011 R.S.