BHIM SINGH Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) This civil writ petition has been filed for issuance of a writ in the nature of certiorari, quashing Order dated 11.1.2010 (Annexure P-9) passed by the Financial Commissioner, Haryana, vide which respondent No. 3, Prem Singh son of Inder Singh has been appointed as Lambardar while upholding the order passed by the Collector, Karnal and setting aside the order passed by the Commissioner, Rohtak Division, Rohtak. Challenge is also to Order dated 4.9.2007 (Annexure P-5) passed by the Collector, Karnal.

(2.) Before proceeding further, it needs to be noticed that the case was remanded back twice by the Financial Commissioner, Haryana; once in December 2003 and second time in October 2006 on the issue whether the private respondent was involved in a criminal case and therefore had earned disability, and whether the said respondent was at all resident of the village of which he wants to be appointed as Lambardar viz. village Kutail, Tehsil & District Karnal.

(3.) The comparative merit of the candidates in regard to which there is no dispute is that petitioner (Bhim Singh) is 36 years of age; is a graduate and diploma holder in computer education. Petitioner owns 6 kanal and 11 marlas of land in village Kutail and 32 kanals in another village Mubarakabad. Petitioner further got Fixed Deposits to the tune of Rs. 57 lac and 15 family planning cases. Respondent No. 3, to the contrary, is 55 years of age, 9th class pass and owns 10 acres of land in village Kutail. So far as contribution to the public and social standing is concerned, the said respondent got Fixed Deposits worth Rs. 45,74,000/- and Fixed Deposit to the tune of Rs. 8 lac in his own name; one LIC policy and 9 cases of family planning. Respondent himself has been a Sarpanch for one term. Mother of the said respondent has been Panch for one term. Petitioner has been a member of the Block Samiti for 5 years and father of the petitioner also remained Sarpanch of the village.