AIMRON BATH Vs. FINANCIAL COMMISSIONER REVENUE PUNJAB

JUDGEMENT

(1.) C.M. is allowed subject to just exceptions. Filing of certified copy of civil suit (Annexure P-12) and copy of order dtd. 30/11/2011 (Annexure P-13) is dispensed with.

(2.) The case of the petitioner is that he was adopted by way of registered adoption deed dtd. 16/3/2007 (Annexure P-1) by Late Sh. Malkiat Singh son of Pritam Singh and Harjinder Kaur wife of Malkiat Singh-respondent No. 5 as they did not have any child from their marriage after a lapse of more than 6 years. Malkiat Singh, father of the petitioner, unfortunately died on 23/4/2010. Harjinder Kaur-respondent No. 5 filed an application dtd. 17/5/2010 for mutation misrepresenting to the revenue authorities that she along with Smt. Narinder Kaur wife of S. Pritam Singh, was the only legal heirs of deceased Malkiat Singh totally concealing the factum of adoption of the petitioner as also the adoption deed dtd. 16/3/2007. On the basis of the application, Mutation No. 2756 dtd. 13/7/2010 (Annexure P-4) was sanctioned in favour of respondents No. 5 and 6 to the extent of half share each by the Assistant Collector Grade-I, Amritsar.

(3.) This ex-parte mutation sanctioned in favour of respondents No. 5 and 6 was challenged by the petitioner by filing an appeal before the Collector-cum-Sub Divisional Magistrate, Amritsar-I-respondent No. 3, who dismissed the appeal vide order dtd. 10/6/2011 (Annexure P-6) on the ground that the alleged adoption deed dtd. 16/3/2007 has been denied by respondent No. 5-Harjinder Kaur. The petitioner has filed a suit for declaration to the effect that the petitioner is owner in possession to the extent of 1/3rd share of the land which is the subject matter of mutation on the basis of the adoption deed and since the matter is sub judice and no proof has been led by the petitioner with regard to the validity of the adoption deed as also with regard to the maintainability of the appeal through S. Pritam Singh, his grandfather, and that the decision in this regard, which is pending consideration before the Civil Court, would be applicable to the mutation as well.