RAJINDER SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Petitioner (Rajinder Singh) has filed the instant civil writ petition under Articles 226/227 of the Constitution of India, inter alia, seeking a writ in the nature of certiorari for setting aside the order dtd. 9/8/2023 (Annexure P-1), passed by the learned Collector, Ferozepur (in short 'Collector'), whereby respondent No. 4 (Baljinder Singh) was appointed as Lambardar of Village Zira, Patti Gogoani, Tehsil Zira, District Ferozepur.

(2.) Briefly, on demise of Sh. Surjit Singh, previous Lambardar of Village Zira, Patti Gogoani, Tehsil Zira, District Ferozepur, proceedings were initiated for filling up the aforesaid vacancy; wherein, petitioner-Rajinder Singh as well as respondent No.4-Baljinder Singh were also the candidates. The learned Naib Tehsildar, Zira; Tehsildar, Zira as well as learned Sub-Divisional Magistrate, Zira recommended the candidature of respondent No.4-Baljinder Singh and placed the matter before the learned Collector, Ferozepur.

(3.) Learned counsel for petitioner submits that the revenue authorities have erred in law and fact in passing the impugned orders and respondent No. 4 has been wrongly appointed as Lambardar, despite the fact that the petitioner is more meritorious than respondent No. 4. It is submitted that petitioner is not only more educated and younger in age than respondent No. 4 but he also has hereditary claim being son of deceased lambardar. It is next submitted that respondent No. 4 was not having any land in the concerned patti to which Lambardari pertains and the land shown in his name was transferred by his father on 15/7/2022, which is after the cut-off date i.e. 13/7/2022.