IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9966-2025(O&M)

Date of decision :07.04.2025 TAKHT SRI KESHGARH SAHIB THROUGH ITS MANAGER SH. MALKIAT SINGH …Petitioner Versus FINANCIAL COMMISSIONER (APPEALS), PUNJAB CIVIL SECRETARIAT, CHANDIGARH AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Gurmohan Singh Bedi, Advocate for the petitioners.

Mr. Navneet Singh, Sr. D.A.G., Punjab.

HARSH BUNGER, J. [ORAL]

Petitioner (Takht Sri Keshgarh Sahib) has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for setting aside the order dated 17.12.2024 (Annexure P-9) passed by the learned Financial Commissioner (Appeals), Punjab.

2. Briefly, the land comprised in Rectangle No.142, Killa No.1(0-19) to the extent of 8.5 marlas and Rectangle No.142, Killa No.2/5 (0-18) situate at Village Lodhipur, Tehsil Sri Anandpur Sahib, was transferred in favour of Gurudwara Baba Sri Chand, vide two separate sale deeds. The sale deed in respect of khasra No.142//2/5(0-18) was executed GURPREET KAUR 2025.04.22 18:01 on 06.01.2010 (Annexure P-1) and sale deed in respect of 8.5 marlas out of khasra No.142//1 was executed on 14.09.1994 (Annexure P-2).

2.1 Both the afore-said sale deeds were executed in favour of Gurudwara Baba Sri Chand through its Mahant-Jodh Singh and Piara Singh, respectively. In the afore-said sale deeds, there was a clear recital that the said land cannot be sold out or mortgaged, in favour of anyone.

2.2 It appears that said Piara Singh, who was the son of earlier Mahant-Jodh Singh executed a Will dated 20.06.2014 regarding the afore-said Killa Nos. i.e. 142//1, 142//2/5 in favour of Takht Sri Keshgarh Sahib, Sri Anandpur Sahib under Shiromani Gurudwara Prabandhak Committee.

2.3 It transpires that said Paira Singh, expired on 26.05.2016; whereupon, respondent No.4-Sarabjit Singh submitted an application dated 05.04.2021 before the learned Tehsildar, Sri Anandpur Sahib, for sanctioning the mutation on the basis of an un-registered Will dated 02.04.2016. Accordingly, mutation No.5787 came to be entered and since the said mutation was contested by the present petitioner, therefore, the same was placed before the learned Sub Divisional Magistrate-cum- Assistant Collector Ist Grade, Sri Anandpur Sahib, who vide his order dated 30.09.2021 (Annexure P-6) sanctioned the mutation in favour of the petitioner.

2.4 Feeling aggrieved, respondent No.4 preferred an appeal against the order dated 30.09.2021 (Annexure P-6) before the learned Collector, Rupnagar, however, the same was dismissed vide order dated

14.03.2023 (Annexure P-7).

GURPREET KAUR 2025.04.22 18:01

2.5 Still dissatisfied, the respondent No.4 preferred a revision petition (ROR-581-2023) before the learned Financial Commissioner (Appeals), Punjab, which came to be allowed vide order dated 17.12.2024 (Annexure P-9) and the matter was remanded to the learned Assistant Collector Ist Grade, Sri Anandpur Sahib, to adjudicate the matter afresh.

2.6 In the afore-mentioned circumstances, the present writ petition has been filed before this Court, for the relief/s, as noticed here-in-above.

3. Heard.

4. It is apparent from the perusal of the Sale Deeds (Annexures P-1 and P-2) that the property was transferred in favour of Gurudwara Baba Sri Chand with a clear recital in the sale deeds that the said property could not be sold or mortgaged further. Evidently, Sh. Piara Singh executed a Will dated 20.06.2014 (Annexure P-3), wherein, he had represented himself as the Manager/Administrator of the Gurudwara Baba Sri Chand and the property was bequeathed in favour of the petitioner herein. On demise of Sh. Piara Singh, respondent No.4, by claiming himself to be the Mahant/Mohtamim of Gurudwara Baba Sri Chand Udaseen, claimed transfer of the afore-said Killa Nos. on the basis of an alleged Will, in his favour; whereupon, the proceedings by way of Mutation No.5787 were commenced, which were de