CWP-10065-2025 (O&M) -1- 147 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-10065-2025 (O&M) Date of Decision: 08.04.2025 Gurbhajan Singh ….Petitioner Versus State of Punjab and others ….Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Ritesh Kumar, Advocate for the petitioner. Mr. Navneet Singh, Senior DAG, Punjab. *** HARSH BUNGER, J. (Oral) Petitioner (Gurbhajan Singh) has filed the instant Writ Petition under Articles 226/227 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for setting aside order dated 10.03.2025 (Annexure P-5) passed by the learned Financial Commissioner (Appeals), Punjab. 2. Briefly, upon demise of Sh. Amar Singh, previous lambardar (General) of Village Kalowal, Tehsil Dasuya, District Hoshiarpur, proceedings were initiated for filling up the vacancy. In pursuance of the proclamation for filling up the aforesaid vacancy, three candidates (including the petitioner- Gurbhajan Singh and respondent No.4- Shamsher Singh) applied for the post. 2.1 Tehsildar Dasuya as well as SDM, Dasuya recommended the candidature of respondent No.4- Shamsher Singh for appointment to the aforesaid vacancy and the matter was referred to the learned Collector, HIMANI GUPTA 2025.05.03 12:18 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CWP-10065-2025 (O&M) -2- Hoshiarpur. 2.2 Learned Collector, Hoshiarpur vide order dated 10.10.2019 (Annexure P-1) appointed respondent No.4- Shamsher Singh as the lambardar. 2.3 Being dissatisfied with the Collector’s order, the petitioner- Gurbhajan Singh and another candidate namely Ranjit Singh preferred two separate appeals before the learned Commissioner, Jalandhar Division, Jalandhar. Both the aforesaid appeals came to be decided by the learned Commissioner vide a common order dated 07.09.2022 (Annexure P-4) whereby, the appeals were allowed and the matter was remanded to the Collector for fresh decision by observing as under: “6. I have considered the arguments advanced by the ld. counsel for the parties and have gone through the record. I find that the appellants have better merits. Therefore, the appeals are accepted and the cases are remanded back to the District Collector, Hoshiarpur for fresh decision after hearing the parties and going through the merits. Files be consigned to record room after usual formalities.” 2.4 Feeling aggrieved against the Commissioner’s order, respondent No.4- Shamsher Singh preferred two appeals before the learned Financial Commissioner (Appeals) Punjab, which came to be allowed vide order dated 10.03.2025 (Annexure P-5) whereby, the Commissioner’s order was set aside and the Collector’s order appointing respondent No.4- Shamsher Singh as the lambardar was maintained. 3. In the aforementioned circumstances, the petitioner has filed the instant Writ Petition before this Court for the reliefs as noticed above. 4. Heard. 5. Here it would be apposite to refer to the comparative merits of HIMANI GUPTA 2025.05.03 12:18 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CWP-10065-2025 (O&M) -3- the candidates in terms of age, education and land holding which is as under: Gurbhajan Singh (Petitioner) Shamsher Singh (Respondent No.4) Ranjit Singh (third candidate) Qualification 10th passed 10th passed 10th passed Age 67 years 40 years 58 years Property 36 Kanal 15 Marlas 14 Kanal 17 Marlas 36 Kanal 15 Marlas 6. Concededly, respondent No.4- Shamsher Singh was appointed as lambardar by the learned Collector, however, the said appointment was wrongly set aside by the learned Commissioner by way of a totally non- speaking order. 7. On an appeal being filed by respondent No.4- Shamsher Singh, learned Financial Commissioner has set aside the Commissioner’s order and maintained the order passed by the learned Collector by observing as under: “6. I have heard and considered the arguments advanced by Counsel for the parties and perused the documents available on record. On perusal of the file, I find that present case pertains to appointment of lambardar of village Kalowal, Tehsil Dasuya District Hoshiarpur. In response to the proclamation, 3 candidates including the petitioner and respondents applied for the post of lambardar. After verification of character antecedents of the candidates from the local police, the lower revenue authorities i.e. the Tehsildar, Dasuya and the SDM, Dasuya recommended the name of the petitioner Shamsher Singh for the post of lambardar and after evaluating the comparative merits of the candidates, the District Collector, Hoshiarpur appointed petitioner as lambardar of the Kalowal, Tehsil Dasuya District Hoshiarpur vide order dated: 10.10.2019. Hon'ble Supreme Court of India in the case of Mahavir Singh versus Khiali Ram & others reported as 2009 (1) RCR (Civil) 757 that "in case of appointment of lambardar, the District Collector is the appointing authority and there HIMANI GUPTA 2025.05.03 12:18 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CWP-10065-2025 (O&M) -4- should not be interference with the choice of made by the collector in the appointment of lambardar even if two views are possible". In the present case, after evaluating the comparative merits and demerits of all the candidates, I find that petitioner is 40 years old, respondent Gurbhajan Singh is 67 years old and respondent Ranjit Singh is 58 years old. Thus, the petitioner is younger age as compared to the respondents. As regard to hereditary claim of the respondents, it has already been struck down by the Hon'ble Courts. Therefore, I am of the view that all the merits of the candidates have already been discussed by the District Collector and there is no need of remanding the case to the District Collector for fresh decision. Thus, I am of view that the Commissioner, Jalandhar Division, Jalandhar has illegally and wrongly remanded the case to the District Collector for fresh decision by passing a non-speaking order and it warrants the interference of this court because on remand it will prolong the litigation unnecessary without any fruitful result. 7. Resultantly, the present revision petitions are accepted and the order dated: 07.09.2022, passed by the Commissioner, Jalandhar Division, Jalandhar is set-aside and the order dated: 10.10.2019, passed by the District Collector, Hoshiarpur is upheld. Copy of this order be communicated to the courts below. File be consigned to the record room.” 8. In my considered view, there is no illegality or perversity in the findings returned by the learned Financial Commissioner. Accordingly finding no merit in the instant writ petition, the same is hereby dismissed. 9. All pending application(s), if any, shall also stand closed. 08.04.2025 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No HIMANI GUPTA 2025.05.03 12:18 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh