Suneel Kumar vs State Of Haryana And Others
2024 Latest Caselaw 7018 P&H

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

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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




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