KISHAN LAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The appellant prays for setting aside order dated 16.11.2012, dismissing his writ petition and upholding the appointment of respondent No. 6 (Bhule Ram) as Lambardar of village Kheri Kalan, Tehsil and District Faridabad (Haryana).

(2.) Counsel for the appellant submits that respondent No. 6 filed Civil Writ Petition No. 1760 of 2009, for quashing orders dated 05.10.2007 (Annexure P5) and 30.12.2008 (Annexure P6), passed by the Commissioner, Gurgaon Division, Gurgaon and the Financial Commissioner, Haryana, respectively, whereby appointment of Bhule Ram as Lambardar by the District Collector, Faridabad, was set aside. The aforesaid petition was allowed, vide order dated 31.08.2010 and the matter was remitted to the Financial Commissioner, Haryana, for deciding the matter afresh and in accordance with law. The Financial Commissioner, Haryana, thereafter, passed order dated 09.10.2012 (Annexure P14) recording therein that Bhule Ram and Kishan Lal (appellant) are not in illegal possession of Government land but as the District Collector is the competent authority to examine the eligibility and suitability of the candidates for appointment to the post of Lambardar, he does not find any reason to disagree with order dated 21.02.2006, passed by the District Collector and ordered the restoration of appointment of Bhule Ram, as Lambardar of the village. It is argued with vehemence that the District Collector while making a decision in favour of Bhule Ram, rejected the candidature of the appellant on the ground that the appellant is in unauthorized possession of Wakf Board land. As the Financial Commissioner, Haryana has held that this finding is incorrect, he was required to either himself or direct the Collector to appreciate the merits of the appellant. It is prayed that the order passed by the Financial Commissioner, Haryana should be set aside and the matter may be remitted to the District Collector for adjudication afresh in the light of the observations made by the Financial Commissioner, Haryana that neither the appellant nor Bhule Ram are in unauthorized possession of the Government/Wakf Board land.

(3.) Counsel for the contesting respondent, however, submits that the order passed by the Financial Commissioner has been rightly affirmed by the learned Single Judge and the appeal filed by Kishan Lal is liable to be dismissed. It is further submitted that Bhule Ram, who is more meritorious as compared to the appellant, is the best candidate to hold the post of village headman.