NAWAB ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) After death of Lambardar of the village, process for appointing a new person was initiated. Proclamation was effected. As some applications were withdrawn, only two candidates remained in the fray. Tehsildar recommended name of respondent No.4 to Sub Divisional Magistrate for appointment. He, however, remitted the issue to the Tehsildar to give a report regarding population of various communities in the village. Aggrieved by the order, respondent No.4 filed appeal before Commissioner, Ambala Division. After hearing both the parties, said authority allowed the appeal and directed that Sunil Kumar respondent No.4 be appointed as Lambardar of the village. Petitioner challenged the order before Revisional Authority who accepted his plea and set aside the order of the Commissioner observing that he erred in interfering in the order passed by the Collector. Matter was considered afresh by the Collector and following order was passed:-

(2.) Aforesaid order was again challenged before Commissioner, Ambala Division. Appeal was, however, dismissed. Respondent No.4 thereafter impugned the order before the Financial Commissioner, Haryana who set-aside the order passed by the Commissioner and remanded the case to Collector for initiating fresh proceedings for appointment of Lambardar. Aggrieved, present writ petition has been filed.

(3.) Learned counsel for the petitioner has assailed the order. According to him, Financial Commissioner erred in setting-aside well reasoned order passed by the Collector. As the order was neither perverse nor illegal, there was no reason to interfere with the same. Prayer has been opposed by counsel appearing for the respondent. According to him, Financial Commissioner rightly found that Collector had been swayed by considerations of community, caste and religion while passing the impugned order. Same has been rightly set-aside by the Financial Commissioner with direction to initiate fresh process of selection of Lambardar. I have heard learned counsel for the parties and given careful thoughts to the facts of the case.