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2010 Supreme(P&H) 2859

RAJIVE BHALLA
Baljit Singh – Appellant
Versus
Financial Commissioner, Animal Husbandry, Punjab, Chandigarh – Respondent


Advocates appeared:
For the Petitioner:Mr. Jatinder Singla, Advocate.
For the Respondents No.1 to 4: Ms. Anu Pal, AAG, Punjab.
For the Respondent No.5:Mr. K.S.Chahal, Advocate.

JUDGMENT

Rajive Bhalla, J

1. The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders dated 26.07.2005, 11.01.2006, 26.09.2006 and 17.09.2008, passed by the Assistant Collector, Ist Grade, Sunam, the District Collector, Sangrur, the Divisional Commissioner, Patiala Division, Patiala and the Financial Commissioner, Animal Husbandry, Punjab, Chandigarh, respectively.

2. Counsel for the petitioner submits that Sher Singh suffered a consent decree dated 26.08.1995 in favour of the petitioner with respect to the land in dispute. A civil suit filed by Sher Singh and contested after his death by the private respondents was dismissed by the Civil Judge (Junior Division), Sunam on 14.05.2009. The revenue officer therefore, had no jurisdiction to record a mutation on the basis of a registered Will allegedly executed by Sher Singh.

3. Counsel for the private respondents submits that as the dispute whether the decree was obtained by fraud is pending adjudication before the first appellate court, the revenue officers have rightly recorded a mutation on the basis of a registered Will, executed by Sher Singh. It is prayed that in view of the pendency of the





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