Jaswant Singh vs Financial Commissioner, Revenue, punjab

Rajiv Bhalla, J.

1 The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 20.10.2009, passed by the Financial Commissioner (Revenue), Punjab, Chandigarh, setting aside the order dated 21.01.2008 passed by the Commissioner, Jalandhar Division, Jalandhar.

2 The petitioners filed an application for sanction of a mutation on the basis of an unregistered exchange deed. The Assistant Collector Ilnd Grade sanctioned the mutation. The Collector, however, set aside this order on the ground that an unregistered exchange deed cannot given be effect to in the revenue record. The Commissioner, Jalandhar Division, Jalandhar and the Financial Coinmissioner (Revenue), Punjab, dismissed the appeal and the revision filed by the petitioners.

3 Counsel for the petitioners submits that as the petitioners and the private respondents executed a deed of exchange, the petitioners prayer for sanction of a mutation should not be rejected on the ground that the exchange deed is unregistered. It is argued that in the absence of any allegation of fraud or any other illegality, the mutation had to be sanctioned.

4 I have heard counsel for the petitioners and find no reason to hold that the Collector, the Commissioner and the Financial commissioner have committed any error. Admittedly, the exchange deed is unregistered. The revenue officers, therefore, rightly ejected the prayer for registration of the mutation. As the impugned order do not suffer from any error of law, the writ petition is dismissed.