SUKMA Vs. FINANCIAL COMMISSIONER, HARYANA AND OTHERS

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 30.05.2008 (Annexure P-5) passed by the Assistant Collector 1st Grade, Assandh whereby mutation of inheritance of deceased-Giano, sister of the petitioner has been ordered to be sanctioned in favour of other heirs of Devtia holding that the petitioner is sister of Smt. Giano by half blood as well as for quashing the orders dated 14.07.2008 (Annexure P-6) passed by the Collector, Karnal, 05.08.2010 (Annexure P-8) passed by the Commissioner, Rohtak Division and 21.03.2011 (Annexure P-10) passed by the Financial Commissioner, Haryana whereby appeal and revisions preferred by the petitioner have been dismissed.

(2.) Admittedly, the dispute is with regard to inheritance of Smt. Giano daughter of Devtia, who expired on 05.04.1974. The petitioner is sister of Smt.Giano and Lachman, predecessor-in-interest of respondents no.5 to 7 and Rasala, predecessor-in-interest of respondents no.8 to 36, were brothers of Smt. Giano. However, there is dispute whether the petitioner is from the same mother or the different mother. For illustrating the relationship of the parties, it would be appropriate to reproduce the pedigree table placed on record Annexure P-12 which reads as under:

(3.) At the time of motion hearing, following order was passed by a Coordinate Bench of this Court: