Harmail Singh v. Financial Commissioner Appeals Punjab And Others

, vide order dated 13.04.2022 (Annexure P-1).

dated 13.04.2022 (Annexure P-1) (Annexure P-4).

2.4 Still aggrieved, (Annexure P-6), whereby the matter was remanded to the learned Collector, Malerkotla, for passing a fresh order.

7.

It needs no reiteration that the hereditary claim has been held to be ultra vires the Constitution The learned Financial Commissioner (Appeals), Punjab, vide order dated 20.03.2025 (Annexure P-6), has set aside the orders dated 13.04.2022 (Annexure P-1) and 03.01.2024 (Annexure P-4) passed by the Collector, Malerkotla and the Divisional Commissioner, Patiala, respectively, by holding as under:- "

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6. I have heard Ld. counsel for both the parties, gone through their submissions and have also perused the orders of the courts below. The appointment of the respondent Harmail

Singh as lambardar of village Alipur, Tehsil Amargarh, District Malerkotla, by the District Collector on 13.04.2022 was made without properly considering the relevant factors under the Punjab Land Revenue Rules. The order appears to have been influenced largely by hereditary claims without giving sufficient importance to factors like age, education, land holding, influence and character, which are crucial when determining the most suitable candidate for the post. The District Collector did not properly evaluate the qualifications of both candidates as required under Rule 15 of the Punjab Land Revenue Rules. The reliance on hereditary succession alone, despite the fact that the petitioner possesses superior qualifications in terms of age, education and landholding, does not meet the legal requirements for the appointment. The appointment of Harmail Singh as lambardar, mainly based on hereditary grounds and his previous experience as sarbarah lambardar, cannot be justified when compared to the qualifications of the petitioner.

7. Therefore, keeping in view the aforesaid facts and circumstances of the case, I accept the present revision petition and order dated 03.01.2024 passed by the Commissioner, Patiala Division, Patiala as well as order dated 13.04.2022 passed by District Collector, Malerkotla are hereby set aside. The matter is remanded to the District Collector, Malerkotla with a direction to pass the fresh order keeping in view the above-mentioned discussion. ...."

9.

Considering the totality of circumstances as well as the observations made by the learned Financial Commissioner (Appeals), Punjab, vide order dated 20.03.2025 (Annexure P-6), I find no illegality or perversity in the impugned order dated 20.03.2025 (Annexure P-6), whereby the matter has been remanded to the Collector, Malerkotla, for deciding the matter afresh.

10.

Resultantly, the instant writ petition fails and the same is

accordingly dismissed.

11.

All pending application(s), if any, shall also stand closed.