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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Santosh – Appellant
Versus
The Financial Commissioner-cum-secretary To Government, Department Of Revenue & Ors. – Respondents
CWP-3934-2023
Decided On : 27-02-2023
Mutation - Property Dispute - Punjab Land Revenue Act, 1887 - Haryana Land Revenue Act, 1887 - Section 151 of CPC - Order 39 Rules 1 and 2 - [MUTATION] - [PROPERTY DISPUTE] - [Section 37, Section 36, Section 117(2), Section 45 of Punjab Land Revenue Act, 1887 - Haryana Land Revenue Act, 1887] - The court discussed the administrative functions of revenue officers in sanctioning mutations and emphasized that such proceedings do not create or extinguish any right or title in the land. It was held that the right or title in the property is to be decided by the Civil Court. The court also highlighted that mutation proceedings cannot be kept in abeyance during the pendency of the dispute before the Civil Court. The judgment emphasized the need for disputes regarding mutations to be resolved through civil suits and not through writ jurisdiction.
Fact of the Case:
The case involved a property dispute related to the sanctioning of a mutation in favor of respondent No.4 based on a registered Will. The petitioner, widow of the deceased, contested the mutation and filed a civil writ petition seeking to set aside the order of the Financial Commissioner.
Finding of the Court:
The court found that the mutation proceedings were administrative in nature and did not determine the rights or interest of the parties. It emphasized that the right or title in the property is to be decided by the Civil Court and that mutation proceedings cannot be kept in abeyance during the pendency of the dispute before the Civil Court. The court also noted that the appropriate remedy for the petitioner was to file a civil suit for declaration challenging the registered Will.
Issues: The issues involved the legality of the mutation proceedings, the role of revenue officers in sanctioning mutations, and the jurisdiction of the Civil Court in determining the rights or interest in the property.
Ratio Decidendi: The court held that mutation proceedings are administrative in nature and do not create or extinguish any right or title in the land. It emphasized that the right or title in the property is to be decided by the Civil Court and that mutation proceedings cannot be kept in abeyance during the pendency of the dispute before the Civil Court. The court also highlighted the need for disputes regarding mutations to be resolved through civil suits and not through writ jurisdiction.
Final Decision: The court dismissed the Civil Writ Petition, finding no merits in the petitioner's claims and emphasizing the need for disputes regarding mutations to be resolved through civil suits.
Key Points: - Point 1 (!) - Point 2 (!) - Point 3 (!)
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 the Civil Court. The husband of the petitioner namely Raj Kumar had filed an appeal against the said order and the Commissioner, vide its order dated 18.01.2018 (Annexure P-6) had allowed the said appeal. It was observed by the Commissioner that from a perusal of the registered Will in question, it was not clear as to why the testator had deprived the husband of the petitioner of the property and had thus, found the said registered Will to be doubtful. Thereafter, respondent No.4 had filed revision petition before the Financial Commissioner, Haryana, Chandigarh which was allowed by the Financial Commissioner vide its order dated 18.10.2021 (Annexure P-9). The Financial Commissioner, had observed that a civil suit had been filed by the husband of the petitioner for declaration and an application under Order 39 Rules 1 and 2 read with Section 151 of CPC was moved in the said suit by the husband of the petitioner and the same was dismissed and the appeal filed against the same was withdrawn vide order dated 27.08.2018 and thereafter, even the main suit was also withdrawn. The Financial Commissioner had also considered the fact that while dismissing the said application filed under Order 39 Rules 1 and 2 CPC, the Civil Court had observed that there was no prima facie case made out in favour of husband of the petitioner. It was also observed that in the registered Will, it had been specifically mentioned that the Executant was happy with the services of respondent No.4-Sushma, who was her daughter, with whom she was living and had specifically excluded the husband of the present petitioner from the said registered Will. On the basis of the said aspect and other aspects, the order passed by the Commissioner was set aside and the order passed by the Assistant Collector, Ist Grade was upheld and thus, the mutation entered in favour of respondent No.4-Sushma, on the basis of the said registered Will, was upheld. Aggrieved by the order of the Financial Commissioner, the present writ petition has been filed by the petitioner.
3. Learned counsel for the petitioner has submitted that the Commissioner, while allowing the appeal filed by the husband of the petitioner had rightly observed that a perusal of the copy of the Will, would show that nothing had been mentioned therein to explain as to why the testator was depriving the husband of the petitioner of the property and had further rightly observed that in case, the Will appears to be doubtful, the Revenue Officer is not bound to accept the registered Will. It is further submitted that the said order is legal and in accordance with law and the order of the Financial Commissioner, setting aside the same, is illegal and deserves to be set aside.
4. This Court has heard learned counsel for the petitioner and has peru
Mutation proceedings under the Land Revenue Act are summary in nature and do not confer title; aggrieved parties must seek resolution in civil courts.
Mutation proceedings under the U.P. Land Revenue Act are summary in nature and do not confer title or extinguish rights. The only way to establish title is through a regular suit for declaration.
Mutation entries do not impact the title of the parties, and orders passed by mutation courts are subject to the result of regular proceedings.
The rule of exhaustion of statutory remedies has been held to be a rule of policy, convenience and discretion and existence of an alternate remedy would not divest the High Court of its powers under ....
Mutation proceedings under the U.P. Land Revenue Act do not confer title, and jurisdiction to decide title issues lies solely with civil courts.
The main legal point established in the judgment is that probate is not required for Wills made by Mohammedians or Indian Christians under Section 213 of the Indian Succession Act, 1925, and that mut....
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