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2012 Supreme(P&H) 918

HEMANT GUPTA, RAJIV NARAIN RAINA
Jagjit Singh – Appellant
Versus
Divisional Commissioner, Patiala – Respondent


Advocates:
For the Petitioner:Mr. Amit Rawal, Senior Advocate, with Mr. Maninder Arora, Advocate.
For the Respondent Nos.1 to 3: Mr. Hari Pal Verma, Addl. AG, Punjab.
For the Respondent Nos.4 to 12:Mr. Vikas Mehsempuri, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - The present writ petition has been placed before us on a reference made by learned Single Judge of this Court on 14.03.2012 referring the following question for the opinion of this Bench:

“Whether the mutation of inheritance can be kept in abeyance specifically when the mutation does not confer any title and is entered only with a view to update the revenue record?”

2. The aforesaid question arises out of the fact that the petitioner filed a suit for declaration that he is owner of the property described in the suit as a successor-in-interest of Basant Kaur on the basis of Will dated 30.07.1963. The private respondents herein are relying upon another Will dated 02.11.1976 said to be executed by Basant Kaur. The Assistant Collector, Ist Grade, Ludhiana adjourned the mutation proceedings sine die till the decision of the civil suit vide order dated 17.08.2005. The said order was set aside by the Collector on 07.09.2006 and the matter remitted to the Assistant Collector for fresh decision. The Assistant Collector passed an order on 24.12.2007 sanctioning mutation. The said order was again set aside by the Collector on 07.11.2008 and the matter remitted

















































































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