PIARE LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India assailing the orders dated 16.5.2006 (Annexure P/10) passed by the Collector (Respondent No. 3), dated 13.6.2007 (Annexure P/11) passed by the Commissioner, Ambala Division (Respondent No. 2) and dated 15.10.2008 (Annexure P/12) passed by the Financial Commissioner, Haryana (Respondent No. 1) thereby appointing respondent No. 4 as Lambardar after rejecting the candidature of the petitioner on the ground that as per report submitted by the Tehsildar and Sub Divisional Officer (Civil), petitioner is in unauthorised occupation of the panchayat land. Order passed by the learned Collector appointing respondent No. 4 as Lambardar and rejecting the candidature of the petitioner, was upheld by the learned Commissioner and the learned Financial Commissioner.

(2.) I have heard learned counsel for the parties and have gone through the record.

(3.) LEARNED counsel for respondent No. 4 has argued that since father of the petitioner is recorded in unauthorised possession over the land as per khasra girdawari (Annexure P/7), therefore, petitioner can safely be considered in possession of this land being family member of Puran Ram son of Shera Ram. He has further argued that petitioner has also encroached upon and in possession of khasra No. 113, which is the Government hospital land by putting cow -dung cake thereon.