AJAI LAMBA, J. - (1.) Challenge in this Civil Writ Petition is to order dated 22.4.2009 (Annexure P-3) whereby the Financial Commissioner has remanded the matter back to the Collector to first inquire whether petitioner-Naresh Kumar (respondent before the Financial Commissioner) was residing at Ellenabad or not.
(2.) Learned counsel for the petitioner has argued that the petitioner was appointed as Lambardar by the Collector vide order dated 18.5.2004. An appeal was carried by respondent No.2 to the Commissioner. The Commissioner, vide order dated 12.9.2006, remanded the case with the following observations:- "I have heard the arguments of the counsel for both the sides and have also perused the record. After considering the points raised by the counsel for the appellant during his arguments, it has been found that respondent Naresh Kumar resides in Ellenabad and is doing the business as property dealer, he is entered as voter in the voters list of Municipal Council, Ellenabad as well as Talwara. In these circumstances this case is remanded to the lower court with this direction that regarding the residence of the respondent in Village Talwara and Ellenabad be decided afresh after getting the enquiry done in this matter his name being entered in the voter list of both the places may be decided afresh on the basis of merits and demerits."
(3.) Again, the Collector conducted inquiry and appointed the petitioner as Lambardar vide order dated 16.4.2007 (Annexure P-1), while noticing that the name of the petitioner has been deleted from the Voters' List of Ellenabad in the year 2004-05. The petitioner is voter of Talwara Khurd, wherefor he has been appointed Lambardar.;