BIR SINGH Vs. THE FINANCIAL COMMISSIONER
LAWS(P&H)-2014-7-701
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 16,2014

BIR SINGH Appellant
VERSUS
The Financial Commissioner Respondents

JUDGEMENT

Paramjit Singh Patwalia, J. - (1.) C.M. No. 8148 -CWP of 2014.
(2.) CIVIL Misc. application is allowed subject to all just exceptions. Rejoinder to reply filed by respondent no. 4 is taken on record. CWP No. 5440 of 2013 Instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 10.11.2005 (Annexure P/2) passed by respondent No. 3 -District Collector, Rupnagar whereby respondent no. 4 -Mohinder Singh has been appointed as Lambardar of Village Bhanglan, Tehsil Anandpur Sahib, District Rupnagar, order dated 29.03.2007 (Annexure P/5) passed by respondent No. 2 -Commissioner and order dated 12.03.2012 (Annexure P/9) passed by respondent no. 1, whereby appeal and revision petition filed by the petitioner have been dismissed.
(3.) BRIEF facts of the case are that to fill up the vacancy caused on account of death of Raghunath Singh, previous Lambardar of Village Bhanglan, Tehsil Anandpur Sahib, District Rupnagar, applications were invited from the interested persons by making proclamation in the village after obtaining necessary sanction from the competent authority. After completing formalities, matter came up for consideration before the Collector. The Collector after appreciating the comparative merit of the candidates found Mohinder Singh son of Sh. Amar Singh -respondent no. 4 to be fit and suitable candidate and vide order dated 10.11.2005 (Annexure P/2) appointed him as Lambardar of the Village. Petitioner -Bir Singh and Upinder Singh filed two separate appeals before the Commissioner. The Commissioner, Patiala Division, Patiala vide order dated 29.03.2007 (Annexure P/5) dismissed both the appeals. Thereafter, petitioner and Upinder Singh filed two separate revision petitions before the Financial Commissioner. The Financial Commissioner vide order dated 11.01.2008 (Annexure P/7) set aside the orders of the Collector as well as Commissioner and remanded the case to the District Collector. Against the order of the Financial Commissioner, three writ petitions bearing CWP Nos. 4863 of 2009, 5055 of 2009 and 1890 of 2008 filed by Bir Singh -petitioner, Upinder Singh -respondent No. 5 and Mohinder Singh -respondent No. 4, respectively, before this Court, were allowed and the matter was remanded to the Financial Commissioner. Thereafter, the Financial Commissioner vide order dated 12.03.2012 (Annexure P/9) has dismissed the revision petitions filed by the petitioner and respondent no. 5 -Upinder Singh and upheld the orders passed by the Collector and the Commissioner. Hence, this writ petition filed by Bir Singh -petitioner.;


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