SUPREME SINGH Vs. FINANCIAL COMMISSIONER REVENUE PUNJAB

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 12.5.2005, 24.1.2006, 28.6.2007 and 15.1.2008, passed by the Assistant Collector, Ist Grade, Malout, the District Collector, Muktsar, the Commissioner, Ferozepur Division, Ferozepur and the Financial Commissioner Revenue, Punjab, Chandigarh.

(2.) The petitioner approached the concerned revenue officer for attestation and sanction of a mutation, on the basis of a registered sale deed dated 11.3.2005, executed by Gurdev Kaur for a consideration of Rs. 8,03,000/-. The Assistant Collector, Ist Grade, Malout, rejected the petitioner's prayer by holding that as possession has not been transferred, para 7.17 of the Punjab Land Record Manual bars the sanction of a mutation in favour of the petitioner. Aggrieved by this order, the petitioner filed an appeal and revisions before the Collector, the Commissioner and the Financial Commissioner respectively, which also met the same fate.

(3.) Counsel for the private respondents, on the other hand, submits that Gurdev Kaur's right to transfer the land to the petitioner is pending adjudication before a civil court since 19.4.2005. The civil court has directed parties to maintain status-quo with respect to possession. The revenue authorities, therefore, rightly rejected the petitioner's prayer to record a mutation, in his favour. It is further submitted that para 7.17 of the Punjab Land Record Manual clearly states that where possession is not delivered, revenue authorities shall desist from recording a mutation.