JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present writ petition has been filed under Articles 226/227 of Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dtd. 6/1/2016 (Annexure P-5) passed by respondent No.1; order dtd. 20/2/2014 (Annexure P-4) passed by respondent No.2 in review application under Sec. 15 of the Punjab Land Revenue Act 1881; order dtd. 20/6/2011 (Annexure P-3) passed by respondent No.2; order dtd. 28/6/2010 (Annexure P-2) passed by respondent No.3; and order dtd. 10/3/2009 (Annexure P-1) passed by respondent No.4.

(2.) Brief facts of the present case are that Ishar Singh son of Nihal Singh died on 24/10/1989, leaving behind his widow Surjit Kaur, predecessor interest of respondent Nos.7 and 8 as his only natural heir. The said Ishar Singh had died issueless. The present petitioner was claiming the estate of Ishar Singh on the basis of an unregistered Will dtd. 19/11/1988 in his favour and respondents No.5 and 6 i.e., Harbhajan Singh and Bant Singh were claiming the estate of Ishar Singh on the basis of a registered Will dtd. 24/10/1989. The said Surjit Kaur, who was the wife of the deceased, was claiming inheritance on the basis of natural succession. After the matter was remanded on two occasions, the Assistant Collector 1st Grade, Ludhiana, vide order dtd. 10/3/2009 (Annexure P-1) sanctioned the mutation of the estate of deceased Ishar Singh on the basis of natural succession in favour of Surjit Kaur, widow of Ishar Singh. The Assistant Collector 1st Grade, Ludhiana had taken note of the fact that the present petitioner had filed a declaratory suit before the Civil Court showing his claim on the basis of an unregistered Will dtd. 19/11/1998 and the said suit was withdrawn on 14/2/1996 and thus, the matter was not persued by the petitioner with respect to the unregistered Will before the Civil Court. Aggrieved against the order passed by the Assistant Collector 1st Grade Ludhiana, the present petitioner filed an appeal before the Commissioner, Patiala Division, Patiala and the said appeal was dismissed, vide order dtd. 20/6/2011 (Annexure P-3). It is relevant to note that respondents No.5 and 6 did not further challenge the order passed by the Assistant Collector 1st Grade, Ludhiana, sanctioning the mutation in favour of Surjit Kaur on the basis of natural succession. The Divisional Commissioner, Patiala Division, Patiala, in his order dtd. 20/6/2011 had observed that the civil suit filed by the petitioner on the basis of the unregistered Will had been withdrawn and once the same has been done, he is estopped from claiming the right on the basis of the said unregistered Will. It was also observed that the unregistered Will dtd. 19/11/1988 seemed to be a forged and fabricated document as the same had not been proved on record as per law and there were several discrepancies in the statement of the witnesses of the said suit. It was also observed that a perusal of the Will would show that the same was anti-dated. The petitioner filed a review before the Divisional Commissioner, Patiala Division, Patiala and the said review application was also dismissed vide order dtd. 20/2/2014 (Annexure P-4). In the said order, it was observed that the mutation of inheritance of Ishar Singh had been rightly sanctioned on the basis of natural succession in favour of his wife and there was no illegality in the same. The petitioner still being dissatisfied, had filed a revision petition before the Financial Commissioner, Punjab, which was also dismissed vide order dtd. 6/1/2016 (Annexure P-5) and thereafter, has filed the present writ petition challenging the orders of the Assistant Collector 1st Grade, Ludhiana; Collector, Ludhiana; Divisional Commissioner, Patiala Division, Patiala; and the Financial Commissioner, Punjab. The present writ petition has been filed in the year 2021 i.e., after a delay of more than five year from the date of passing of the order of the Financial Commissioner, Punjab, dtd. 6/1/2016 (Annexure P-5).

(3.) Learned counsel for the petitioner has submitted that deceased Ishar Singh had left an unregistered Will dtd. 19/11/1988 in his favour and the authorities should have entered the mutation in favour of the present petitioner on the basis of the said unregistered Will. It is further stated that the impugned orders passed by the authorities are illegal and against law and deserve to be set aside and the present writ petition deserves to be allowed.