GANI DAR Vs. FINANCIAL COMMISSIONER, J&K GOVT

JUDGEMENT

(1.) THIS is a writ petition by one Gani Dar with the prayer that the order of the Financial Commr. dated 30 -7 -63 be quashed by means of a proper writ.

(2.) THE case of the petitioner is that he was appointed Lambardar of the village Sriwaripura Tehsil Baramulla by nomination by the Tehsildar Baramulla under the Lambardari Rules. This order of the Tehsildar was confirmed by the Dy. Commissioner Baramulla. An appeal was filed by respondent No. 2 Qadir Dar before the Revenue Commissioner who by his order dated 3 -4 -63 upheld the order of the Dy.Commr. A revision was filed against this order of the Commissioner by respondent No.2 Qadir Dar before the Financial Commr. Who by means of his order which if the subject matter of the present writ petition, reversed the findings of the subordinate revenue officers and ordered a new nomination. According to the petitioner this order of the Financial Commissioner is violative of the Lambardari Rules as well as the principles of natural justice. It is further stated by the petitioner that the subordinate revenue officers had decided the matter correctly and in accordance with the rules, that the direction of the Financial Commr. is illegal and his interpretation of the Lumberdari Rules is incorrect, and that the order of the Financial Commissioner is also in disregard of the rules.

(3.) ON behalf of the Financial Commr. Objections have been filed wherein the allegations of the petitioner have been controverted and the maintainability of the application challenged. On merits it has been stated that the order of the Financial Commr. is quite in accordance with law.