SATISH KUMAR MITTAL, J. (Oral)
This order shall dispose of Letters Patent Appeals No. 67 and 68 of 2014 filed by Gurmeet Kaur widow of Mohinder Singh against the order dated 6.12.2013 passed by the learned Single Judge, where Civil Writ Petitions No. 26753 and 26858 of 2013 filed by the appellant have been dismissed being not maintainable.
It is the case of the appellant that her husband Mohinder Singh was issueless, who died on 6.8.2012 However, after death of her husband, a forged Will dated 27.6.2012 was prepared by Avtar Singh and Gurjot Singh (respondents No. 4 and 5 herein) sons of his brothers. On the basis of the said Will, they got sanctioned mutation of the property of her deceased husband in their favour vide order dated 26.12.2012 (Annexure P-1) passed by the Assistant Collector Ist Grade, Nabha. On appeal filed by the appellant, the said order was set aside by the Collector, Patiala, vide order dated 18.6.2013 (Annexure P-2). Respondents No. 4 and 5 challenged the said order of the Collector by filing revision, which is still pending. It is further the case of the appellant that the civil suit filed by her challenging the aforesaid alleged Will is also pending, in which the order of status quo is operating.
During the pendency of the aforesaid revision petition, the appellant filed the aforesaid two writ petitions seeking direction to the Commissioner to abandon the proceedings in the revision till the decision of the civil suit. Those writ petitions have been dismissed by the learned Single Judge, while observing as under :-
“I have heard learned counsel for the petitioner and also examined the record. Once it is admitted that revision petition is pending against the order dated 18.06.2013 before the court of Commissioner and the petitioner is participating in it as respondent, she has no locus standi to maintain the present petition invoking the extraordinary jurisdiction of this Court on the ground that hearing in the revision petition is a futile exercise. If the petitioner has a strong case then revision would be dismissed but present petition in this Court is not maintainable. Thus, both the petitions are hereby dismissed.”
After hearing learned counsel for the appellant, we do not find any ground to interfere in the aforesaid order. In our opinion, the learned Single Judge has rightly held that the writ petitions filed by the appellant are not maintainable because she is always at liberty to argue before the Commissioner that there is no ground to proceed with the revision and to set aside the order of the Collector, but the Commissioner cannot be prohibited from proceeding with the revision, which has been filed under the Punjab Land Revenue Act, 1887, wherein a procedure has been provided to challenge the order of the Collector. We do not find any illegality in the order passed by the learned Single Judge.
No merit.
Both the appeals are, accordingly, dismissed.
However, it will be open to the appellant to cite the law laid down by this Court in Jagtar Singh v. State of Punjab, 2007 (4) RCR (Civil) 61, and raise the point of sanctioning of mutation on the basis of the unregistered Will, before the revisional authority. The revisional authority is directed to expedite the said revision filed by respondents No. 4 and 5 and dispose of the same in accordance with the law laid down by this Court as well as Hon'ble the Supreme Court.