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Punjab-Haryana High Court

M/S Curo India Private Limited vs Financial Commissioner (Revenue) on 25 April, 2014

Bench: Hemant Gupta, Fateh Deep Singh

            LPA No.662 of 2014                                         1


            IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH


                                                                     LPA No.662 of 2014
                                                            Date of Decision: 25.04.2014.

            M/s Curo India Private Limited
                                                                             ..... Appellant
                                               VERSUS

            Financial Commissioner (Revenue), Punjab and others

                                                                     ..... RESPONDENTS

            PRESENT: -          Mr. Sunil Chadha, Senior Advocate with
                                Mr.Rahul Bhargava, Advocate
                                for the appellant.


            CORAM:              HON'BLE MR. JUSTICE HEMANT GUPTA
                                HON'BLE MR. JUSTICE FATEH DEEP SINGH


            HEMANT GUPTA, J (Oral)

The challenge in the present appeal is to the order of the learned Single Bench passed on 04.03.2014 whereby challenge to sanction of mutation consequent to purchase of land by the appellant was dismissed.

The sole grievance of the appellant is that the learned Single Judge has mis-construed the order passed by the Financial Commissioner while dismissing the writ petition.

It is well settled that the mutation does not create or extinguish any right, title or interest in the land. Even if there is mistake in the order passed by the Learned Single Judge, the appellant has effective alternative remedy of seeking adjudication of its rights from the Civil Court.

At this stage, Mr. Chadha points out that the Civil suit is pending between the parties. In view of the said fact, it shall be open to the Jyoti 2014.04.29 15:29 I attest to the accuracy and integrity of this document High Court Chandigarh LPA No.662 of 2014 2 appellant to raise all possible grounds including the grounds taken in the present appeal before the Civil Court. The Civil Court shall consider all such pleas in accordance with law.

We do not find any reason to interfere in the orders passed by the Learned Single Judge. The Letter Patent Appeal stands dismissed.

(HEMANT GUPTA) JUDGE (FATEH DEEP SINGH) JUDGE April 25, 2014 jt Jyoti 2014.04.29 15:29 I attest to the accuracy and integrity of this document High Court Chandigarh