S.S.Saron, J.

1. Heard counsel for the parties.

2. The petitioner seeks quashing of orders dated 29.4.2009 (P7) passed by the Financial Commissioner (respondent-1), dated 5.10.1999 (P5) passed by the Commissioner, Patiala Division, Patiala (respondent-2) and dated 30.6.1995 (P2) passed by the Assistant Collector Ist Grade Sangrur (respondent-4) in terms of which mutation of succession of Surjit Singh who died on 12.6.1994 has been sanctioned in favour of respondents-5 to 11 on the basis of natural succession by ignoring the registered Will dated 12/13.5.1994 (P1) in favour of the petitioner.

3. The dispute in the present case relates to the estate of Surjit Singh who died on 12.6.1994. The petitioner is the nephew of said Surjit Singh and claimed right to succeed to his estate on the basis of a registered Will dated 12/13.5.1994 (P1). The respondents-5 to 11 claimed succession on the basis of natural succession. The Assistant Collector Ist Grade (DOGR) Sangrur, vide order dated 30.6.1995, held that the Will was a suspicious one and whenever the Will seemed to be suspicious, the revenue officer should not act upon the same. Accordingly, the mutation was sanctioned on the basis of natural succession. The petitioner, aggrieved against the said decision, filed an appeal and the District Collector vide order dated 15.12.1995 (P3) allowed the appeal. It was held that the Will was a genuine one and accordingly the mutation was sanctioned in favour of the petitioner on the basis of the Will. The private respondents filed appeal (P4) before the Commissioner which has been allowed vide order dated 5.10.1999 (P5). The Will, it was held, was surrounded with suspicious circumstances which the propounder had failed to dispel. The petitioner, aggrieved against the order of the Commissioner, Patiala Division, Patiala, filed a revision petition (P6) before the Financial Commissioner who, vide order dated 29.4.2009 (P7) has dismissed the same. Aggrieved against the same, the petitioner has filed the present petition.

4. Learned counsel for the petitioner has contended that the Financial Commissioner has failed to take into consideration the various contentions raised with regard to the genuineness of the Will which are mentioned in the revision petition (P6). Therefore, it is submitted that the order passed by the Financial Commissioner is a non-speaking order and is liable to be set aside.

5. In response, learned counsel for the Caveator-respondents-5 to 11 has submitted that the Will is surrounded with suspicious circumstances inasmuch as there is no mention of the heirs of the deceased - Surjit Singh and no reason has been given for excluding them. Besides, the hand-writing expert produced by the petitioner has been able to decipher only one thumb impression out of four that are there on the Will.

6. After giving my thoughtful consideration to the matter, it may be noticed that mutation proceedings before the revenue authorities are summary in nature and they do not determine the rights of the parties. An entry of mutation in the revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. Such entries are primarily for fiscal purposes and collecting land revenue. The question as to title based on a Will or otherwise is to be decided by a civil Court on the basis of evidence that is led. This Court, in exercise of its writ jurisdiction under Articles 226/227 of the Constitution of India, is not to embark upon an inquiry so as to ascertain whether the Will (P1) that has been propounded by the petitioner, is a genuine one or not, for that is the domain of the civil Court. The Will is to be proved by the propounder and he is to dispel all the suspicious circumstances as per the settled law. Therefore, no interference in exercise of the extra-ordinary writ jurisdiction of this Court is called for and the petitioner is liable to be relegated to the remedy of claiming and establishing hi