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2023 Supreme(P&H) 350

VIKAS BAHL
Santosh – Appellant
Versus
Financial Commissioner-cum-secretary To Government, Department of Revenue – Respondent


Advocates appeared:
Mr. Vimal Kumar Gupta, Advocate, for the Appellant; Ms. Upasana Dhawan, AAG, Haryana, for the Respondent

Judgement Key Points

What is the legal nature of mutation proceedings under Punjab/Haryana Land Revenue Acts? What is the proper remedy for challenging a mutation entry based on a registered Will? What is the court’s stance on staying or abeyance of mutation proceedings pending civil litigation?

Key Points: - Point 1 (!) - Point 2 (!) - Point 3 (!)

What is the legal nature of mutation proceedings under Punjab/Haryana Land Revenue Acts?

What is the proper remedy for challenging a mutation entry based on a registered Will?

What is the court’s stance on staying or abeyance of mutation proceedings pending civil litigation?


JUDGMENT

Vikas Bahl, J. (Oral) - This is a Civil Writ Petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the order dated 18.10.2021 (Annexure P-9) passed by respondent No.1.

2. The brief facts of the present case are that Kamla Devi i.e., mother of Raj Kumar (deceased husband of the present petitioner) and of respondent No.4-Sushma had died on 28.04.2016. Respondent No.4-Sushma, on the basis of registered Will dated 13.12.2012 executed in her favour by her mother, had got mutation No.12630 entered in her favour. The present petitioner had objected to the said mutation and thus, the same being contested, was referred to the Assistant Collector, Ist Grade, Pataudi. The Assistant Collector, Ist Grade, vide its order dated 26.08.2016, had sanctioned mutation No.12630 in favour of respondent No.4-Sushma being the beneficiary of registered Will No.230 dated 13.12.2012. In the said order, it was observed by the Assistant Collector, Ist Grade that the Revenue Officer is required to enter the mutation on the basis of registered documents and not go into the intricate question of law which is to be decided by

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