Ranjit Singh v. Financial Commissioner, Punjab, Civil Lsectt. Punjab, Chandigarh & ORS

CWP-6533-2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-6533-2016 (O&M) Date of decision : 10.05.2024 Ranjit Singh ................Petitioner vs.

Financial Commissioner, Appeal-I Punjab, Civil Sectt. Punjab, Chandigarh and others .................Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ

Present:

Mr. G.S. Nagra, Advocate and Mr. K.S. Rawat, Advocate for the petitioner.

Mr. Rajeev K. Takkar, DAG, Punjab.

Mr. Sandeep Jain, Advocate and Mr. Davinder Kumar, Advocate for respondent No.4 ...

RAJESH BHARDWAJ J. (Oral) 1.

Present petition has been filed seeking issuance of a writ in the nature of Certiorari to quash the impugned order dated 11.02.2016 (Annexure P-13) and order dated 23.05.2011 (Annexure P-6) passed by respondents No. 1 and 2 or any other appropriate writ, order or direction as may deem fit and proper in the circumstances of the case favourable to the petitioner.

2.

It has been submitted by learned counsel for the petitioner that the petitioner was appointed as a Lambardar by the Collector vide order dated 19.08.2008. He submits that respondent No.4, who did not even file the application in pursuance to the Mustri Munadi conducted, filed the appeal before the Commissioner, which was illegally accepted by the learned Commissioner vide his order dated 23.05.2011 and the case was BANITA CHUGH 2024.05.14 16:59 I attest to the accuracy and integrity of this document

CWP-6533-2016 -2remanded to the Collector for decision afresh. He submits that this order was further assailed by the petitioner by way of filing an appeal before the Financial Commissioner, who dismissed the appeal filed by the petitioner. 3.

Mr. Sandeep Jain, Advocate for respondent No.4 submits that during the pendency of the present petition, respondent No.4 has died. The death certificate has also been placed on record, which shows that Hardev Singh - respondent No.4 had expired on 30.12.2018. 4.

In view of the above, the case is remanded to the Collector with a direction to initiate the fresh process for appointment of Lambardar, by inviting the fresh applications. The Collector would initiate fresh process on receipt of a copy of this order and conclude the same expeditiously, preferably within three months from the date of receipt of copy of the order. 5.

However, as submitted by learned counsel for the petitioner, that the petitioner is working as Lambardar since the date of his appointment, he would continue to work on this post till the fresh process is finalized.

6.

The petition is disposed of accordingly.

7.

Copy of this order be sent to the learned Collector forthwith, who on receipt of the same will proceed further, as per law. ( RAJESH BHARDWAJ ) 10.05.2024 JUDGE chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2024.05.14 16:59 I attest to the accuracy and integrity of this document