High Court of Punjab and HaryanaCWP/11242/2016disposed of

Beena Devi And ORS v. Commissioner Gurgaon Division And ORS

2017-09-13Mr. Justice Amit Rawal2 pages

Vinod Kumar 2017.09.14 11:16 I attest to the accuracy and integrity of this document CWP No.11242 of 2016 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.11242 of 2016 Date of decision:13.09.2017 Smt. Beena Devi and others

...Petitioners

Versus

The Commissioner, Gurgaon Division, Gurgaon and others ...Respondents Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Vivek Suri, Advocate, for the petitioners.

Mr. Sharad Kr. Yadav, DAG, Haryana.

Mr. Vijay Lath, Advocate, for respondent no.3.

***** Rakesh Kumar Jain, J.

This matter pertains to the sanctioning of mutation of the property of one Med Singh S/o Sampat Singh. There are already two mutations, out of which mutation no.3950 was sanctioned on 20.05.2011 and mutation no.21706 was sanctioned on 20.09.2013.

Both the counsel for the parties are ad idem that the property of Med Singh would devolve upon his heirs by way of natural succession. They have also submitted that the mutations, already sanctioned, be set aside and the matter may be remanded back to the Assistant Collector 2nd Grade to re-consider the matter regarding sanctioning of mutation on the basis of the decision dated 29.04.2011 rendered by this Court in RSA No.571 of 1985. In view thereof, on consensual basis, both the aforesaid mutations are hereby set aside and the the present petition is disposed of with a direction

CWP No.11242 of 2016 [ 2 ] ***** to the Assistant Collector 2nd Grade concerned to enter the rights of the parties, flowing from the natural succession, to the property of Med Singh, in terms of the order dated 29.04.2011 passed by this Court in RSA No.571 of 1985 and the mutation shall be sanctioned accordingly. The needful shall be done within a period of three months from the date of receipt of certified copy of this order and it is made clear that, in the meantime, no party to the lis shall alienate the suit property.

September 13, 2017 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned:

Yes/No Whether Reportable:

Yes/No