- (1.) The present writ petition has been placed before us on a reference made by learned Single Judge of this Court on 14.03.2012 referring the following question for the opinion of this Bench: Whether the mutation of inheritance can be kept in abeyance specifically when the mutation does not confer any title and is entered only with a view to update the revenue record? The aforesaid question arises out of the fact that the petitioner filed a suit for declaration that he is owner of the property described in the suit as a successor-in-interest of Basant Kaur on the basis of Will dated 30.07.1963. The private respondents herein are relying upon another Will dated 02.11.1976 said to be executed by Basant Kaur. The Assistant Collector, 1st Grade, Ludhiana adjourned the mutation proceedings sine die till the decision of the civil suit vide order dated 17.08.2005. The said order was set aside by the Collector on 07.09.2006 and the matter remitted to the Assistant Collector for fresh decision. The Assistant Collector passed an order on 24.12.2007 sanctioning mutation. The said order was again set aside by the Collector on 07.11.2008 and the matter remitted back to the Assistant Collector. When the matter was pending before the Assistant Collector, an application for stay of mutation proceedings was filed by the petitioner, which was declined on 16.03.2009. The revision against the said order was dismissed on 21.08.2009. Further revision was also dismissed on 25.05.2010. It is the said orders, which are subject matter of challenge in the present writ petition.
(2.) Learned counsel for the petitioner relies upon a Division Bench judgment of this Court Jagtar Singh v. State of Punjab, 2007 148 PunLR 638, wherein this Court has not interfered with the order passed by the Commissioner that the mutation should be kept in abeyance till the matter is decided by the Civil Court.
(3.) On the other hand, learned counsel for the private respondents relies upon another Division Bench judgment of this Court in Harjit Kaur v. Kartar Kaur, 2007 147 PunLR 572 to contend that the mutation does not confer any title and the same is entered only with a view to update the revenue records. The intricate questions regarding inheritance are not required to be gone into by the revenue officials in exercise of summary jurisdiction of the revenue authorities. The questions of title are to be decided by the Civil Court, but the mutation has to be sanctioned by the Revenue Authorities to update the revenue record.;