GURMAIL SINGH Vs. FINANCIAL COMMISSIONER REVENUE PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the order passed by the learned Single Judge of this Court on January 20, 2009 whereby a writ petition arising out of mutation proceedings was dismissed.

(2.) The appellants are claiming the estate measuring 32 Kanals 9 Marlas of Smt. Indi wife of Jhaba on the basis of Will dated 15.02.1949. Earlier, mutation No. 123 was entered on 18.08.1957 in favour of the State Government as Smt. Indi did not leave any heir. The same was not incorporated in the jamabandi. Subsequently, mutation No. 243 was entered on 23.08.1967 cancelling the earlier mutation on the basis of report of the Kanungo that the mutation in favour of the State Government is wrong entry and is required to be corrected.

(3.) The Commissioner vide order dated 12.03.2003 rejected the reference made by the Collector but the same was accepted by the learned Financial Commissioner on 02.09.2009 and it was the said order which was challenged by way of writ petition before this Court.