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2013 Supreme(P&H) 312

Rameshwar Singh Malik
Balwinder Singh – Appellant
Versus
Financial Commissioner and Principal Secretary, Punjab – Respondent


Advocates:
For the Petitioner:Mr. R.S. Chauhan, Advocate.

JUDGMENT

Mr. Rameshwar Singh Malik, J. (Oral):- Feeling aggrieved against the order dated 21.11.2012 (Annexure P-10) passed by the Financial Commissioner, Punjab, thereby remanding a case of mutation to Assistant Collector 1st Grade, to take fresh decision after due notice to both the parties, petitioner has approached this Court by way of instant writ petition seeking a writ in the nature of certiorari, for quashing of the impugned order.

2. Facts first. The dispute in the present case relates to mutation number 3692 of village Passian, Tehsil and District Patiala, which came to be recorded as a mutation of inheritance on the death of Smt. Shardi Devi, widow of Hari Ram. It is the own pleaded case of the petitioner that Hari Ram left behind his widow Smt. Shardi Devi, three sons namely Karamjit Singh, Chandan Ram and Lajja Ram as well as four daughters, namely Nachhattar Kaur, Smt. Basso, Smt. Satya and Smt. Chhoti. Lajja Ram died unmarried and issue less on 26.11.2001 and after his death mutation number 2929 was sanctioned, as per succession. On the death of Smt.Shardi Devi, since the mutation became contested, it was referred to Assistant Collector 1st Grade, Patiala, who sancti

















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