JAGTAR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Financial Commissioner (Appeals-II), Punjab, Chandigarh dated 25-10-2005 (Annexure P-5), whereby revision petition filed by respondent No. 2 against order dated 26-05-2004 passed by the Commissioner, Patiala Division, Patiala, has been allowed.

(2.) JEETPAL Singh @ Ajit Pal Singh son of the petitioner was murdered for which a criminal complaint against respondent No. 2, who is the wife of the deceased, was filed. It was alleged that murder had been committed by her and her family members. The mutation of the property in respect of the deceased was sanctioned in favour of the petitioner being the mother of the deceased and respondent No. 2 being his wife in equal shares. Petitioner filed an appeal before the Collector against sanction of mutation in favour of respondent No. 2 on the ground that since she was charge-sheeted for the murder of her husband, she is not entitled to succeed to his property. The appeal was dismissed by the Collector vide order dated 20-5-2003. The petitioner filed a revision petition against the order of the Collector before the Commissioner, Patiala Division, Patiala which was allowed vide order dated 26-5-2004 holding that since respondent No. 2 had committed murder of Ajit Pal Singh, she was not entitled to his estate by way of inheritance in respect of his property. Against the said order, respondent No. 2 filed a further revision before the Financial Commissioner (Appeals-II), Punjab, Chandigarh which has been allowed vide impugned order dated 25-10-2005. The Financial Commissioner has held that the order of the Commissioner allowing the revision petition was beyond jurisdiction as the case of murder is still pending in the Court and he could not himself consider respondent No. 2 to be indicted during the pendency of the said complaint. Counsel for the petitioner has not been able to refer to any judicial pronouncement or to any provision of law under which a person against whom a criminal complaint was pending would be held not entitled to succeed to the property of the deceased.