153 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 30.10.2025 Rajiv Kumar ...... Petitioner Versus Financial Commissioner (Appeals), Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Rai Singh Chauhan, Advocate for the petitioner.

Mr. Navneet Singh, Additional A.G. Punjab.

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HARSH BUNGER, J. (ORAL)

1. Prayer in the instant civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside the order dated 31.08.2023 (Annexure P-9), passed by Assistant Collector 1^st Grade, Mukerian (in short 'Assistant Collector'); order dated 21.01.2025 (Annexure P-10), passed by learned Collector, Hoshiarpur (in short 'Collector') and order dated 11.07.2025 (Annexure P-12), passed by learned Financial Commissioner (Appeals), Punjab (in short 'Financial Commissioner').

2. Briefly, the instant civil writ petition arises out of mutation proceedings regarding inheritance to the estate of one Shri Ram Nath Sharma (father of petitioner-Rajiv Kumar and respondent No. 5-Ajay Kumar, respectively), situated at village Nathuwal, Tehsil Mukerian, District Hoshiarpur.

2.1 It is averred that Shri Ram Nath Sharma was not having cordial relations with respondent No. 5 (Ajay Kumar) and he dis-inherited him from his moveable and immovable properties, vide affidavit dated 23.11.2021 (Annexure P-1). It is further averred that Shri Ram Nath Sharma had also filed an application for maintenance under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (in short '2007 Act').

2.2 Petitioner claims that Shri Ram Nath Sharma had executed a registered Will dated 21.03.2022 (Annexure P-2), wherein he had bequeathed his property in favour of petitioner with a specific recital that respondent No. 5 (Ajay Kumar) has been dis-inherited as he was not in good terms with Ajay Kumar.

2.3 It is further averred that respondent No. 5 (Ajay Kumar) had also filed a civil suit for permanent injunction against his father Shri Ram Nath Sharma for restraining him from alienating/transferring/mortgaging or creating any third party interest in the property situated at village Nathuwal.

2.4 Shri Ram Nath Sharma is stated to have expired on 14.11.2022, whereupon the matter relating to maintenance under 2007 Act was closed, vide order dated 08.12.2022 (Annexure P-3) and suit for permanent injunction, filed by respondent No. 5 (Ajay Kumar), was also withdrawn by him, vide order dated 11.02.2023 (Annexure P-5).

2.5 It is the case of petitioner that upon demise of Shri Ram Nath Sharma, mutation of inheritance with regard to his property at village Nathuwal, was entered into revenue record on the basis of registered Will, propounded by the petitioner, vide mutation No. 592 dated 16.12.2022, however, respondent No. 5 (Ajay Kumar) objected to same, whereupon mutation was declared contested and same was put up before Sub Divisional Magistrate-cum-Assistant Collector 1^st Grade, Mukerian (in short 'Assistant Collector').

2.6. It transpires that respondent No. 5 (Ajay Kumar) also filed a suit for declaration seeking 1/4^th share in the estate of Shri Ram Nath Sharma on the basis of natural succession and further challenging the Will dated 21.03.2022, propounded by the petitioner, wherein an order of status quo regarding possession was issued, vide order dated 25.01.2023 (Annexure P-6).

2.7 On the other hand, in the mutation proceedings, respondent No. 5 (Ajay Kumar) submitted an application dated 22.02.2023 (Annexure P-7) with the prayer that mutation proceedings be adjourned sine die during the pendency of declaratory suit, filed by him. The petitioner contested the said application by filing his reply dated 20.03.2023 (Annexure P-8).

2.8 The Assistant Collector, vide order dated 31.08.2023 (Annexure P-9), adjourned the mutation proceedings sine die, the relevant extracts of which read as under :-

“ File of mutation put up. Case called.