AIMRON BATH Vs. FINANCIAL COMMISSIONER REVENUE PUNJAB

JUDGEMENT

(1.) This writ petition has been filed praying for writ of certiorari for setting aside the orders dated 13.07.2010 (Annexure P-4) passed by the Assistant Collector Grade-I, Amritsar, whereby ex-parte Mutation No. 2756 1 of 7 has been sanctioned in favour of Smt. Harjinder Kaur wife of Malkiat Singh and Smt. Narsinder Kaur wife of S. Pritam Singh and mother of Late Sh. Malkiat Singh without issuing notice to the petitioner who, according to him, was adopted through registered adoption deed dated 16.03.2007 (Annexure P-1) by Late Sh. Malkiat Singh and Harjinder Kaur -respondent No. 5 and, therefore, being the first degree heir was required to be heard as he is entitled to 1/3rd share of the property in question, order dated 10.06.2011 (Annexure P-6) passed by the Collector-cum-Sub-Divisional Magistrate, Amritsar-I-respondent No. 3 dismissing the appeal of the petitioner, order dated 20.03.2015 (Annexure P-8) passed by the Commissioner, Jalandhar Division, Jalandhar dismissing the revision petition preferred by the petitioner as also the order dated 17.01.2018 (Annexure P-10) passed by the Financial Commissioner Revenue, Punjab, whereby ROR No. 547 of 2015 preferred by the petitioner stands dismissed, cannot sustain.

(2.) The case of the petitioner is that he was adopted by way of registered adoption deed dated 16.03.2007 (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 23.04.2010. Harjinder Kaur-respondent No. 5 filed an application dated 17.05.2010 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 dated 16.03.2007. On the basis of the application, Mutation No. 2756 dated 2 of 7 13.07.2010 (Annexure P-4) was sanctioned in favour of respondents No. 5 and 6 to the extent of half share each by the Assitant 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 dated 10.06.2011 (Annexure P-6) on the ground that the alleged adoption deed dated 16.03.2007 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 subjudice 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.