GULZARI LAL Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 13.08.2013 (Annexure P-7) passed by Financial Commissioner (Revenue), Punjab.

(2.) Brief facts of the case are that to fill up the vacancy caused on account of death of Pritam Dass, Lambardar (Scheduled Caste) of village Mianwal, Tehsil Phillur, District Jalandhar, applications were invited from interested persons by making publication/proclamation in the village after obtaining necessary sanction from the Collector. After completing formalities, matter came up for consideration before the Collector. The Collector after appreciating the comparative merit of the candidates found Surinderpal Singh son of deceased Lambardar Pritam Dass-respondent No. 4 to be fit and suitable candidate and vide order dated 12.08.2004 (Annexure P-1) appointed him as Lambardar of the village. Petitioner being aggrieved against the order of the Collector, filed an appeal before the Commissioner. The Commissioner vide order dated 10.03.2005 (Annexure P-2) allowed the appeal and appointed petitioner as Lambardar of the village. Respondent No. 4 challenged the order Annexure P-2 before the Financial Commissioner and Financial Commissioner vide order dated 04.08.2006 (Annexure P-3) accepted the revision petition and appointed respondent No. 4 as Lambardar of the village. Petitioner filed writ petition in this Court against the order of the Financial Commissioner. This Court vide judgment dated 23.07.2008 set aside the orders passed by revenue authorities and remanded the case to Collector for fresh decision. Collector reconsidered the comparative merits of the candidates and again appointed Surinderpal Singh as Lambardar vide order dated 07.10.2008 (Annexure P-5) on the ground that he is younger in age and is the son of previous Lambardar. Against the order of Collector petitioner filed an appeal before the Commissioner, Jalandhar Division, Jalandhar. Commissioner set aside the order of Collector vide order dated 12.08.2009 (Annexure P-6) and appointed petitioner as Lambardar on the ground that respondent No. 4 signed two sale deeds dated 29.07.2008 and 29.08.2008 when he was not holding the post of Lambardar. Respondent No. 4 preferred revision petition before the Financial Commissioner against the order of Commissioner. Financial Commissioner vide order 13.08.2013 (Annexure P-7) set aside the order of Commissioner and appointed respondent No. 4 as Lambardar of the village. Hence, instant writ petition.

(3.) I have heard learned counsel for the petitioner and perused the record.