Mithu Ram v. State Of Punjab And ORS

Still dissatisfied, respondent No.3 preferred a revision petition (ROR No.1092 of 2024) before the learned Financial Commissioner (Appeals), Punjab. The said revision was allowed vide order dated 27.03.2025 (Annexure P-10), whereby order dated 20.09.2023 (Annexure P-8) passed by the learned Collector, Mansa, as well as order dated 23.10.2024 (Annexure P-9) passed by the learned Divisional Commissioner, Faridkot, were set aside, and the matter was remanded to the learned Collector, Mansa, for passing a fresh order after hearing all the candidates and examining the merits and demerits of each candidate.

I have perused the orders dated 20.09.2023 (Annexure P-8) and 23.10.2024 (Annexure P-9), passed by the learned Collector, Mansa and the learned Divisional Commissioner, Faridkot, respectively. Upon perusal thereof, I am of the considered view that the learned Collector, Mansa failed to exercise the jurisdiction vested in him in accordance with law, inasmuch as he did not properly evaluate the relevant merits and demerits of the candidates, particularly in light of the provisions contained in Rules 15 and 19 of the Land Revenue Rules. Similarly, the learned Divisional Commissioner, Faridkot also failed to exercise the jurisdiction vested in him, while dismissing the appeal filed by respondent No.3 through a totally non-speaking order.

7.

In my considered view, the learned Financial Commissioner (Appeals), Punjab, vide order dated 27.03.2025 (Annexure P-10), has rightly set aside the orders passed by the learned Collector, Mansa and the learned Divisional Commissioner, Faridkot, and remanded the matter to the learned Collector for a fresh decision after hearing all the candidates and examining their respective merits and demerits. Accordingly, I find no illegality or perversity in the aforesaid order dated 27.03.2025 (Annexure P-10) passed by the learned Financial Commissioner (Appeals), Punjab and the same is upheld.

8.

In view of the above, and the same is accordingly dismissed.

9.

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