Swaran Singh vs Financial Commissioner (Appeals) ...
2024 Latest Caselaw 7715 P&H

Punjab-Haryana High Court

Swaran Singh vs Financial Commissioner (Appeals) ... on 10 April, 2024

Author: Deepak Sibal

Bench: Deepak Sibal

                                  Neutral Citation No:=2024:PHHC:049016-DB




                                                                  2024:PHHC:049016-DB
            IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH
( Sr. No. 110 )                                      LPA No. 2225 of 2023 (O&M)
                                                     Date of decision: 10.04.2024

Swaran Singh
                                                                       ..... Appellant
                  Versus

Financial Commissioner (Appeals) Punjab and others
                                                                     .....Respondents



CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
                  HON'BLE MR. JUSTICE DEEPAK MANCHANDA


Present :         Mr. S. S. Rangi, Advocate for the appellant.
                  Mr. Sherry K. Singla, Advocate for the caveator.
                         ***

DEEPAK SIBAL, J. (Oral)

(1) The present intra court appeal is directed against the judgment

dated 25.08.2023 passed by a learned Single Judge of this Court dismissing

the appellant's writ petition filed by him to challenge therein the

appointment of respondent No.4 as Lambardar of village Kherpur Jattan,

Tehsil Rajpura, District Patiala.

(2) After hearing learned counsel for the contesting parties and

going through the record of the case as also the impugned judgment passed

by the learned Single Judge, we find that in terms of the law laid down by a

Division Bench of this Court in Balwinder Singh Vs. State of Punjab and

others 2013 (25) RCR (Civil) 436 as also Satinder Pal Singh Vs. Financial

Commissioner (Revenue), Punjab and others 2014 (78) RCR (Civil) 871,

the learned Single Judge has not interfered with the appointment made by

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Neutral Citation No:=2024:PHHC:049016-DB LPA No. 2225 of 2023 [2] 2024:PHHC:049016-DB

the Collector of respondent No.4 as Lambardar on the ground that in the

order of such appointment no perversity was found by him.

(3) A perusal of the record further reveals that at the time of

passing of the order by the Collector, the appellant was 34 years of age, had

passed 10+2 and was owner of 20 bighas and 5 biswas of agricultural land

whereas respondent No.4 was 47 years of age, had also passed 10+2 and

owned 16 bighas of land. It is further found that respondent No.4 had earlier

been prosecuted under the Punjab Excise Act, 1914 which had ended in his

acquittal whereas the appellant had been prosecuted for theft of electricity

which offence by him had been compounded on his deposit of the theft

amount.

(4) After considering the above we also find no perversity in the

order of the Collector appointing respondent No.4 as the Lambardar.

Consequently, the impugned judgment of learned Single Judge warrants no

interference.

(5)             Dismissed.

(6)             All pending miscellaneous application(s), if any, also stand

disposed of.


                                                      (DEEPAK SIBAL)
                                                          JUDGE



10.04.2024                                         ( DEEPAK MANCHANDA )
sunil yadav                                               JUDGE

      Whether speaking/reasoned : Yes / No
      Whether reportable              : Yes / No




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