Punjab-Haryana High Court
Karan Singh vs The Financial Commissioner Haryana & ... on 11 November, 2024
Bench: G.S. Sandhawalia, Meenakshi I. Mehta
Neutral Citation No:=2024:PHHC:146416-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(108) CM-6679-LPA-2024 in/and
LPA-2283-2016
Decided on : 11.11.2024
Karan Singh ......Appellant(s)
Versus
The Financial Commissioner, Haryana & others ......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
HON'BLE MRS.JUSTICE MEENAKSHI I. MEHTA
Present: Ms.Amanpreet Kaur, Advocate, for
Ms.Puja Chopra, Advocate for the appellant.
Mr.Saurabh Mago, DAG, Haryana.
Mr.Ravinder Malik, Advocate, for the applicant-respondent No.4.
*****
G.S. Sandhawalia, J.(Oral)
CM-6679-LPA-2024
Application has been filed by the applicant-respondent No.4 for
fixing actual date of hearing in the main case since the appellant-Karan Singh
has expired on 23.07.2024.
Notice of the application.
Ms.Amanpreet Kaur, Advocate for Ms.Puja Chopra, Advocate for
the appellant accepts notice and concedes to the factum that the appellant has
expired.
Accordingly, in view of the above, the present application is
allowed and the main case is taken on Board, to be disposed of, today itself.
CM stands disposed of.
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Neutral Citation No:=2024:PHHC:146416-DB
(108) CM-6679-LPA-2024 in/and LPA-2283-2016 -2-
LPA-2283-2016
1. Consideration in the present appeal is to the judgment dated
04.10.2016 passed by the Learned Single Judge in CWP-8849-2001 titled
Karan Singh Vs. Financial Commissioner, Haryana & others.
2. While dismissing the writ petition filed against the order of the
Financial Commissioner dated 18.04.2021, the Learned Single Judge held that
the appellant was ineligible for the post of Lambardar of Village Patti Kodan,
Jhajjar Town and declared respondent No.4-Rohtash to be eligible and entitled
to the post of Lambardar of the said village and resultantly, directions were
issued to the District Collector, Jhajjar to pass appropriate orders. The said
order was stayed on 28.11.2016 by the Co-ordinate Bench.
3. A perusal of the paperbook would go on to show that the
deceased-appellant was appointed by the Collector on 11.06.1997 (Annexure
P-1). The Commissioner, Rohtak Division chose not to interfere in the said
order of appointment and dismissed the appeal filed by respondent No.4 on
22.09.1999 (Annexure P-2). The Financial Commissioner, Haryana, however,
had interfered in revision petition filed and set aside the appointment on
18.04.2001 (Annexure P-3) which was subject matter of consideration before
the Learned Single Judge.
4. While issuing notice of motion in the writ petition on 02.07.2001,
the operation of the order of the Financial Commissioner dated 18.04.2001
(Annexure P-3) had been stayed. Thus, for all practical purposes, the appellant
continued to serve as Lambardar from 1997 before he has expired. In such
circumstances, we are of the considered opinion that the present appeal has
been rendered infructuous. It is, thus, open to the authorities to initiate the
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Neutral Citation No:=2024:PHHC:146416-DB
(108) CM-6679-LPA-2024 in/and LPA-2283-2016 -3-
process for appointment of Lambardar since much water has flown during
these long years. Respondent No.4 would not have a vested right to be
appointed merely on account of death of the appellant as fresh candidates
would have to be considered who would be fully eligible. However, it would
be open to respondent No.4 to apply afresh, in pursuance of the applications to
be invited.
5. In view of the above discussion, the present appeal is disposed of
as having been rendered infructuous, with the afore-said directions. All
pending application(s), if any, also stand disposed of.
(G.S. SANDHAWALIA)
JUDGE
(MEENAKSHI I. MEHTA)
11.11.2024 JUDGE
sailesh
Whether speaking/reasoned : Yes
Whether Reportable : No
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