AJAI LAMBA,J. - (1.) This Civil Writ Petition has been filed in challenge to order dated 10.3.2011 (Annexure P-4), passed by the Financial Commissioner, Appeals-I, Punjab and order dated 12.4.2007 (Annexure P-1), passed by Collector, Ferozepur.
(2.) Vide order (Annexure P-1), respondent No.5-Balwinder Singh son of Bakhshish Singh was appointed as Lambardar for Village Basti Khushal Singh Wali, Dakhli Manochahal, Tehsil Zira, District Ferozepur. The petitioner carried an appeal, which has been allowed by the Commissioner vide order dated 21.8.2007 (Annexure P-2). Respondent No.5 filed a petition before the Financial Commissioner. Vide order dated 29.5.2008 (Annexure P-3), the Financial Commissioner accepted the petition and upheld the choice of the Collector. It seems that the petitioner filed CWP 13152 of 2008 (Balwinder Singh v. State of Punjab and others). The petition was disposed of vide order dated 8.12.2010, in the following terms:- "The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 29.5.2008 and 12.4.2007, passed by the Financial Commissioner, Appeals-I, Punjab and the Deputy Commissioner, Ferozepur. Counsel for the parties have arrived at a consensus that as merits of parties referred to by the Collector while appointing respondent no.5 as the Lambardar are more or less similar, the matter would require reconsideration by the Financial Commissioner, so as to determine whether the discretion exercised by the Collector is legal and valid. In view of the statements made by counsel for the parties, the writ petition is partly allowed, the order dated 29.5.2008 is set aside and the matter is remitted to the Financial Commissioner, Appeals-I, Punjab, to decide the appeal filed by respondent no.5, afresh and in accordance with law. Parties would be at liberty to refer to any other relevant factors that may have been produced before the Collector but have not been considered by the Collector, while selecting respondent no.5. Parties are directed to appear before the Financial Commissioner, Appeals-I, Punjab, on 27.1.2011, who shall decide the revision afresh, within three months from the date of receipt of a certified copy of this order. During pendency of proceedings before the Financial Commissioner, Appeals-I, Punjab, respondent no.5 shall continue to discharge the duties of the Lambardar."
(3.) The Financial Commissioner has again upheld the choice of the Collector, vide order (Annexure P-4).;