High Court of Punjab and HaryanaCWP/28724/2017disposed of

Paramjit Singh v. State Of Punjab And Others

2017-12-16Mr. Justice R.P. Nagrath2 pages

Vinod Kumar 2017.12.20 10:12 I attest to the accuracy and integrity of this document CWP No.28724 of 2017 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.28724 of 2017 Date of decision:December 16, 2017 Paramjit Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Roshan Lal Sharma, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J. (Oral) This matter pertains to the appointment of a Lambardar of village Tandi, Tehsil Jalandhar-2, District Jalandhar. The District Collector, vide his order dated 21.08.2012, appointed Sahib Singh S/o Raja Ram as Lambardar of the village. His appointment was challenged by way of two appeals, one was filed by Hardial Singh and another by Paramjit Singh (petitioner herein). Both the appeals were accepted by the Divisional Commissioner on 23.05.2016 and the matter was remanded back to the District Collector for passing a fresh detailed speaking order after critically examining the merits of all the candidates. The said order was challenged by way of two appeals before the Financial Commissioner. Since both the appeals were dismissed by the Financial Commissioner on 27.09.2016, therefore, order of the Divisional Commissioner dated 23.05.2016 became operative and as such, the District Collector was to appoint the most suitable candidate as Lambardar of the village. Accordingly, the District Collector, vide his order dated 07.09.2017,

CWP No.28724 of 2017 [ 2 ] ***** again appointed Sahib Singh as Lambardar. The said order has been challenged in this petition on the ground that the District Collector has committed an error in ignoring the claim of the petitioner only on the ground that he is a postgraduate.

After hearing learned counsel for the petitioner and examining the available record, I am of the considered opinion that the order of the District Collector is amenable to appeal under the provisions of the Punjab Land Revenue Rules, therefore, the present petition is not maintainable and is dismissed as such. However, the petitioner, if so advised, may challenge the order of the District Collector dated 07.09.2017 before the Divisional Commissioner, in accordance with law.

December 16, 2017 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned :

Yes/No Whether reportable :

Yes/No