- (1.) This writ petition has been filed with a prayer to issue a writ of certiorari to quash order dated 11.1.2005 (Annexure P/1), vide which, respondent No.3 was appointed as Lambardar of village Devidaspura, District Kurukshetra. Further prayer is to quash order dated 28.11.2005 (Annexure P/4), vide which, revision petition, filed by respondent No.3 was allowed by the Financial Commissioner.
(2.) It is apparent from the records that on accrual of vacancy, applications were invited to appoint Lambardar in the village, referred to above. The petitioner and respondent No.3 were the contesting candidates. The Collector, after looking into recommendations made by the subordinate revenue authorities, appointed respondent No.3 as a Lambardar, vide order Annexure P/1, by observing thus:- "I have gone through the file and written arguments submitted by the learned counsels of the parties. From the record it is found that Sh.Suresh Pal son of Sh.Ajmer Singh, whose name has been recommended by all the Revenue officials of the circle, Naib Tehsildar, Thanesar and Sub- Divisional Officer, is the right candidate for this post. This candidate has passed Class 10th examination, he is young man and according to the Naksha Lambardar, he owns property of worth Rs.5.00 lacs. He also does co-operation to the Administration in the family planning and other social works. This candidate has also got the certificate of the National Industrial Training from the Ministry of Labour, Department of National Industrial Training Centre. The allegation has been levelled against this candidates that he is having a B.P.L. Ration Card. From the record it found that he was having this ration card during the year 2003 i.e. he was having this ration card before submission of the application for this post. From the record it is found that Sh. Raghu Nath was the Lambardar of the village and Sh. Bhura Ram was his Sarbrah Lamberdar. They both have died. Therefore, Sh. Suresh Pal son of Sh.Ajmer Singh, resident of village Devidaspura has been appointed as Lambardar of the village in place of Late Sh.Raghu Nath Lambardar."
(3.) The petitioner went in appeal, which was allowed by the Commissioner, vide order dated 14.6.2005, order passed by the Collector was set aside and the matter was remitted to the Collector, to decide it afresh. The Commissioner, while passing aforesaid order, has noted the following facts:- "3. The counsel for the appellants during his arguments stated that the order of the lower court is against rules and facts of the present case. The Lower Court did not discuss the qualifications of other candidates except the respondent. His candidate is 7th pass, young man and owning 7 acres of land. The appellant had deposited Rs.4.00 lacs in his bank account. The counsel for the appellant further stated that the financial condition of his candidates is better than the respondent. Apart from it, counsel for the appellant stated that the candidates which has been appointed by the lower court as Lamberdar of the village is not eligible to be appointed as Lambardar as he has been taking the benefit of the yellow card of the below poverty line. Such person, who cheat the Govt., how he can be the well wisher of the public. At the end he stated that the order of the Collector is illegal which may be set aside and the appeal filed by the Appellant be accepted.;