Punjab-Haryana High Court
Suneel Kumar vs State Of Haryana And Others on 3 April, 2024
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2024:PHHC:044666-DB
LPA-246-2024 (O&M) -1- 2024:PHHC:044666-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
110 LPA-246-2024 (O&M)
Date of decision: 03.04.2024
SUNEEL KUMAR
Appellant
VERSUS
STATE OF HARYANA AND OTHERS
...Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present: Mr. S.S. Grewal, Advocate and
Mr. Lakhan Paul Garg, Advocate for
Mr. Jagjit Singh Gill, Advocate
for the appellant.
****
DEEPAK SIBAL, J.(ORAL)
(1) The present intra Court appeal is directed against the judgment dated 20.11.2023 passed by a learned Single Judge of this Court dismissing the appellant's petition filed by him seeking therein setting aside of the order dated 28.05.2019 passed by the Collector, Sirsa appointing respondent No.4 as Lambardar of village Rattakhera, Tehsil Ellenabad, District Sirsa as also the order dated 03.08.2023 passed by Financial Commissioner, Haryana upholding the aforesaid order of the Collector. (2) After hearing the learned counsel for the appellant and going through the record of the case as also the impugned judgment, we find that the learned Single Judge has dismissed the appellant's petition after noticing that the Collector, Sirsa had ordered respondent No.4's appointment as Lambardar after having carefully examined the rival merits of respondent No.4 and the appellant as also because in the order of the Collector, which 1 of 2 ::: Downloaded on - 09-04-2024 21:22:41 ::: Neutral Citation No:=2024:PHHC:044666-DB LPA-246-2024 (O&M) -2- 2024:PHHC:044666-DB had also been upheld by the Financial Commissioner no irregularity, perversity or patent error had been shown.
(3) In the facts of the present case, we find the afore findings returned by the learned Single Judge to be just and reasonable. Therefore, in the light of the law laid down by this Court in Sukhjinder Pal Singh Vs. State of Punjab and others, 2016 (3) R.C.R. (Civil) 725 wherein it has been held that the appointment of the Lambardar is primarily the prerogative and administrative act of the District Collector as also that the selection made by the Collector is normally not be interfered with unless the same is shown to be suffering from gross irregularity, perversity or some patent error, we do not intend to interfere with the impugned judgment.
(4) Dismissed.
(5) All pending miscellaneous application(s) also stand disposed
of.
(DEEPAK SIBAL)
JUDGE
(DEEPAK MANCHANDA)
JUDGE
April 03, 2024
Nisha Yadav
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
2 of 2
::: Downloaded on - 09-04-2024 21:22:41 :::