Gurvinder Singh vs State Of Haryana And Ors
2024 Latest Caselaw 9862 P&H

Punjab-Haryana High Court

Gurvinder Singh vs State Of Haryana And Ors on 7 May, 2024

Author: Deepak Sibal

Bench: Deepak Sibal

                                  Neutral Citation No:=2024:PHHC:063199-DB




            IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH

( Sr. No. 113 )                                      LPA-2035-2023 (O&M)
                                                     Date of decision: 07.05.2024

Gurvinder Singh
                                                                       ..... Appellant
                  Versus

State of Haryana and others
                                                                    ..... Respondents



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


Present :         Mr. Parveen Chauhan, Advocate for the petitioner.
                  Mr. Sanjeev Kaushik, Addl. A. G., Haryana.
                         ***

DEEPAK SIBAL, J. (Oral)

(1) The present intra court appeal arises out of judgment dated

09.10.2023 passed by a learned Single Judge of this Court dismissing the

appellant's writ petition filed by him to challenge therein order dated

22.08.2023 passed by the Financial Commissioner (Revenue), Government

of Haryana (for short - Financial Commissioner), through which the

Financial Commissioner had remanded to the Collector, Karnal to decide

afresh the matter with regard to appointment of Lambardar of village

Sandhir, Tehsil Nilokheri, District Karnal.

(2) Through order 12.09.2018 the Collector, Karnal, after

considering the rival merits of the appellant and respondent No.5, ordered

the appointment of respondent No.5 as Lambardar of village Sandhir, Tehsil

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LPA-2035-2023 (O&M) Neutral [2] Citation No:=2024:PHHC:063199-DB

Nilokheri, District Karnal. The appellant filed an appeal against the order of

the Collector which was dismissed by the Commissioner, Karnal. The

appellant then approached the Financial Commissioner, who through order

dated 22.08.2023, set aside the orders of the Collector and the Commissioner

and remitted the matter to the Collector for a fresh decision after

ascertaining the land holding of both the parties as on 27.07.2016 i.e. the

initial date when the Collector had considered the rival merits of the

candidates for appointment of Lambardar.

(3) Learned counsel for the appellant contends that the Financial

Commissioner erred in directing that the land holding of the appellant and

respondent No.5 be considered as on 27.07.2016 because such consideration

should have been ordered to be made as on the last date for the making of

the application for the Lambardar's post.

(4) The submission made by learned counsel for the appellant has

been considered.

(5) A perusal of the order of the Collector dated 12.09.2018 reveals

that after considering the rival merits of the appellant and respondent No.5

the Collector had ordered the appointment of respondent No.5 as Lambardar

of village Sandhir, Tehsil Nilokheri, District Karnal. Such direction was

issued after the Collector had found respondent No.5 to be a permanent

resident of village Sandhir; not in illegal occupation of Panchayat/Govt.

land; a participant in social welfare schemes; a person of good moral

character and who had also been recommended by the Assistant Collector

2nd Grade-cum-Tehsildar Nilokheri as also the Assistant Collector 1st Grade-

cum-Sub Divisional Officer (Civil), Karnal. The issue with regard to land

holding of either of the candidates did not weigh with the Collector when he

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LPA-2035-2023 (O&M) Neutral [3] Citation No:=2024:PHHC:063199-DB

ordered the appointment of respondent No.5. Therefore, the date on which

the land holding of either of the two candidates has been ordered to be

considered through the order of the Financial Commissioner is immaterial.

(6) In the light of the above discussion, the impugned judgment of

learned Single Judge warrants no interference.

(7)            Dismissed.

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

disposed of.

                                                      (DEEPAK SIBAL)
                                                          JUDGE



07.05.2024                                         ( DEEPAK MANCHANDA )
sunil yadav                                               JUDGE

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




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