Hardial Singh & ANR v. Financial Commissioner Pb. Etc.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Writ Petition No. 79 of 2016 Date of Decision: 14.7.2016 Hardial Singh and another .....Petitioners Vs.

Financial Commissioner, Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present :

Mr. Abishekh Singla, Advocate for Mr. Ashok Singla, Advocate for the petitioners.

**** RAMESHWAR SINGH MALIK J. (ORAL) Present writ petition is directed against the order dated 31.8.2015 (Annexure P-5) passed by the Financial Commissioner, Punjab, whereby orders passed by the Commissioner and Collector, sanctioning the mutation, have been upheld.

It is the own pleaded case of the petitioners that laying challenge to the Will, they have filed a civil suit which is pending consideration before the learned court of competent jurisdiction. It is also not in dispute that mutation does not confer any title. Further, findings recorded by the learned civil court shall be binding on the revenue courts and ultimately the judgment of the learned civil court shall prevail.

Civil Writ Petition No. 79 of 2016 In view of the abovesaid undisputed fact situation obtaining in the present case, no interference is warranted at the hands of this Court in the concurrent findings recorded by the revenue authorities, particularly when findings are duly supported by sound reasons. No prejudice has been shown to have been caused to the petitioners. No other argument was raised.

Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that present writ petition is wholly misconceived, bereft of merit and without any substance, thus, it must fail. No case for interference has been made out.

With the observations made above, present writ petition stands dismissed, however, with no order as to costs. (RAMESHWAR SINGH MALIK) JUDGE 14.7.2016 Ak Sharma