HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present writ petition is for issuance of a writ in the nature of certiorari for setting aside the order dtd. 8/2/2024 (Annexure P-1) passed by the learned Commissioner, Ferozepur Division, Ferozepur and also the order dtd. 16/9/2024 (Annexure P-2) passed by the learned Financial Commissioner (Appeals) Punjab.

(2.) Briefly, on demise of one Karam Chand, previous lambardar (SC) of village Sappan Wali, Tehsil and District Ferozepur, proceedings were initiated for filling up the said vacancy. It appears that only two candidates namely, Harpreet Singh (petitioner) and one Rachpal Singh, applied for the post of lambardar and subsequently, said Rachpal Singh, withdrew his candidature in favour of present petitioner-Harpreet Singh. In this manner, the petitioner was the sole candidate and the learned Collector, Ferozepur vide order dtd. 3/5/2023 (Annexure P-3) appointed him as the lambardar (SC) of village Sappan Wali.

(3.) Learned counsel for the petitioner submits that the learned Commissioner, Ferozepur Division, Ferozepur, has erred in law and fact in setting aside the Collector's order, whereby the petitioner was appointed as the lambardar merely on the plea of respondent No.4 that no munadi was carried out in the village. It is submitted that the factum of munadi (proclamation) was duly reflected in Rapat No.73 dtd. 31/10/2022 and two persons had applied for the post, wherein, the petitioner was appointed as the lambardar. Accordingly, it is submitted that the impugned orders may be set aside and the Collector's order may be maintained.