IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14170-2025 (O&M)

Date of decision :29.08.2025 HARSHARAN SINGH ALIAS CHANNI AND OTHERS …Petitioners Versus FINANCIAL COMMISSIONER (APPEALS), PUNJAB CIVIL SECRETARIAT, SECTOR-1, CHANDIGARH AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Dr. Puneet Kaur Sekhon, Advocate for the petitioners.

Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab.

HARSH BUNGER, J. [ORAL]

1. Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for setting aside the order dated 16.10.2018 (Annexure P-4) passed by the learned Financial Commissioner (Appeals) Punjab, allowing the revision petition (ROR-1008-2016) filed by respondent No.2-

Kuldeep Singh.

1.2 A further prayer has been made for setting aside the order dated 21.07.2023 (Annexure P-6) passed by the learned Financial Commissioner; whereby, an application for seeking recalling/setting aside of order dated 16.10.2018 (Annexure P-4) was dismissed.

2. Briefly, the present writ petition has arisen out of the mutation proceedings in respect of estate of Sh. Sham Singh son of Sh. Dayal Singh (predecessor-in-interest of the present petitioners as well as respondents No.3 to 14) as regards the property measuring 81 kanals-18 marlas situated at village Haveli Chobedara Di, Tehsil Batala, District Gurdaspur.

2.1 Sh. Sham Singh is stated to have expired on 31.12.2001; whereupon, the mutation regarding inheritance of the afore-said property was sanctioned in favour of all the natural legal heirs of Sh. Sham Singh. Respondent no.2-Kuldeep Singh propounded a registered Will dated

12.12.1983 executed by Sh. Sham Singh, in his favour.

2.2 The learned Assistant Collector Ist Grade, Batala, vide order dated 24.08.2011 (Annexure P-1) directed sanctioning of mutation on the basis of natural succession in favour of all natural legal heirs of late Sh.

Sham Singh.

2.3 An appeal filed by respondent No.2 before the learned Collector, was dismissed vide order dated 14.09.2012 (Annexure P-2). A further revision preferred by respondent No.2 before the learned Commissioner, Jalandhar Division, Jalandhar was also dismissed vide order dated 06.09.2016 (Annexure P-3).

2.4 A further revision petition (ROR-1008-2016) filed by respondent No.2 came to be allowed by learned Financial Commissioner vide impugned order dated 16.10.2018 (Annexure P-4), wherein the present petitioners were proceeded against ex-parte and it was directed that the mutation regarding the afore-said property be entered on the basis of the above-referred registered Will in favour of respondent No.2-

Kuldeep Singh.

2.5 It transpires that on the other hand, respondent No.2 had initially filed a Civil Suit for injunction for restraining the present petitioners and others from interfering in his peaceful possession over above referred 81 kanals-18 marlas area. The said suit was ex-parte decreed vide judgment and decree dated 04.08.2016; however, on an application being filed by some of the defendants in the suit, the judgment and decree dated 04.08.2016 was set aside and the suit was restored to its original number vide order dated 09.11.2022 (Annexure P-10).

2.6 It appears that in the light of the fact that the learned Financial Commissioner has already directed the sanctioning of mutation in favour of respondent No.2 on the basis of registered Will, respondent No.2-

Kuldeep Singh withdrew the Civil Suit on 18.07.2023 (Annexure P-13).

2.7 Thereafter, the present petitioners filed an application for setting aside of the order dated 16.10.2018 (Annexure P-4); however, the same has been dismissed by the learned Financial Commissioner, vide impugned order dated 21.07.2023 (Annexure P-6).

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

3. Heard.

4. In the present case, the learned Financial Commissioner, vide orde