- (1.) The instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing of order dated 01.04.2010 (Annexure P-17) passed by Financial Commissioner, Punjab, whereby the appointment of petitioner as Lambardar of Village Nonari Khokhar, Tehsil Jalalabad, District Ferozepur by the Collector vide order dated 2.12.2008 has been set aside. Brief facts of the case are that due to death of Pal Singh, previous Lambardar of village Nonari Khokhar, Tehsil Jalalabad, District Ferozepur, a post of Lambardar fell vacant. To fill up the post of Lambardar, proclamation was made in the village after obtaining necessary sanction from the competent authority and applications were invited by the Tehsildar. In pursuance of the proclamation five applicants namely Anoop Singh, Amolak Raj, Phoola Ram, Lal Singh and Kuldeep Singh submitted their applications. However, Phoola Ram, Amolak Raj and Lal Singh withdrew their candidature. In this way two candidates namely Anoop Singh-petitioner and Kuldip Singh-respondent No. 2 were left in fray. The Assistant Collector IInd Grade after completing the necessary formalities of verification of character and antecedents of the candidates recommended the name of Anoop Singh and forwarded the case to Tehsildar, Jalalabad. The Tehsildar vide order dated 11.06.2004 cancelled the candidature of both the candidates and directed the Naib Tehsildar to make fresh proclamation in the village and invite applications afresh. Anoop Singh-petitioner as well as Kuldip Singh challenged the said order before the Collector. The Collector vide order dated 11.10.2004 set aside the order of the Tehsildar and directed him to submit his report after hearing both the candidates. Tehsildar after considering the claims of both the candidates, recommended the name of Kuldip Singh and referred the case to the SDM, who after enquiry forwarded the case to the District Collector with the recommendation that Kuldip Singh respondent No. 2 is not permanent resident of the village. The District Collector after appreciating the comparative merit of both the candidates appointed Anoop Singh as Lambardar of the village in place of deceased Lambardar vide order dated 02.12.2008 (Annexure P-14). Kuldip Singh respondent No. 2 preferred an appeal before the Commissioner. The Commissioner vide order dated 23.4.2009 (Annexure P-15) dismissed the appeal and affirmed the order of the District Collector. Against that order, respondent No. 2 filed a revision before the Financial Commissioner who vide impugned order dated 01.04.2010 (Annexure P-17) appointed Kuldip Singh- respondent No. 2 as Lambardar of the village by setting aside the order of the District Collector and Commissioner. Hence, the instant writ petition.
(2.) I have heard learned counsel for the parties and perused the record.
(3.) Learned counsel for the petitioner argued that main issue is with regard to residence of respondent No. 2-Kuldip Singh. Learned counsel for the petitioner has referred to various reports.;