Satish Kumar v. Financial Commissioner, Punjab, Civil Secretariat, Punjab, Chd And ORS

CWP No.3791 of 2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3791 of 2017 Date of Decision.27.02.2017 Satish Kumar ........Petitioner Vs Financial Commissioner, Punjab and others ........Respondents

Present:

Mr. G.S. Nagra, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) Learned counsel for the petitioner is aggrieved of the impugned order whereby the respondent Ranjit Singh has been appointed as Lambardar.

The contention of Mr. Nagra is that the petitioner is 10th pass, aged 45 years at the time of filing of application, his father was a Lambardar and holding 13 marlas of gair mumkin land. On the contrary, the private respondent, no doubt, is having 11 acres of land and is younger than the petitioner, much less, more qualified but all other parameters i.e law of inheritance had to be taken care of by the authorities. These aspects have not been taken into consideration, thus, there is illegality and perversity. I have heard learned counsel for the petitioner, appraised the paper book and of the view that the law of inheritance is no longer in vogue in view of the amendment caused by the State. The fact remains that the private respondent is more educated i.e.

he is graduate and owns more land holding viz-a-viz the petitioner, much less, recommended by the SDM. The recommendation of the SDM and approved by the Collector cannot be tinkered with unless and until there is gross illegality and perversity. No PANKAJ KUMAR 2017.02.

CWP No.3791 of 2017 -2such ground is made out.

The writ petition is dismissed.

(AMIT RAWAL) JUDGE February 27, 2017 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2017.02.28 11:18 I attest to the accuracy and integrity of this document