IN THE HIGH COURT OF PUNJAB AND HARYANA MAURDHAJ FINANCIAL COMMISSIONER, HARYANA CORAM: Present : HARSH BUNGER, J. [ORAL] 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari passed by the l 2. (SC) of village Dhabikala were initiated for filling up the vacancy wherein the petitioner and respondent No.2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MAURDHAJ Versus FINANCIAL COMMISSIONER, HARYANA HON’BLE MR. JUSTICE HARSH BUNGER Mr. Gurminder Singh Phull, Advocate for the petitioner. Mr. Krishan Lal Saini, Sr. D.A.G., Haryana. Mr. J.S. Jaidka, Advocate Mr. Abhishek Khullar, Advocate and Mr. Pragun Marwaha, Advocate for respondent No.2. HARSH BUNGER, J. [ORAL] Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature certiorari, for setting aside the order dated 27.04.2022 (Annexure P passed by the learned Financial Commissioner, Haryana. Briefly, upon demise of Sh. Rehd Chand, previous (SC) of village Dhabikalan, Tehsil Tohana, District Fatehabad; proceedings were initiated for filling up the vacancy wherein the petitioner respondent No.2-Nepolian were also the candidates. Page 1 of 4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-16117-2022 (O&M) Date of decision :23.09.2025 …Petitioner FINANCIAL COMMISSIONER, HARYANA AND OTHERS …Respondents HARSH BUNGER , Advocate Krishan Lal Saini, Sr. D.A.G., Haryana. Mr. Abhishek Khullar, Advocate and Mr. Pragun Marwaha, Advocate Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature setting aside the order dated 27.04.2022 (Annexure P-14) earned Financial Commissioner, Haryana. Rehd Chand, previous lambardar , Tehsil Tohana, District Fatehabad; proceedings were initiated for filling up the vacancy wherein the petitioner-Maurdhaj Nepolian were also the candidates. 4 2022 (O&M) Date of decision :23.09.2025 Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature 14) lambardar , Tehsil Tohana, District Fatehabad; proceedings Maurdhaj GURPREET KAUR 2025.09.30 18:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh p. 2 2.1 The learned Collector, Fatehabad vide order dated 05.09.2012 (Annexure P-12) found petitioner-Maurdhaj as a suitable candidate and accordingly, appointed him as the lambardar (SC) of village Dhabikalan. 2.2 Feeling aggrieved, respondent No.2-Nepolian challenged the Collector’s order by filing an appeal before the learned Commissioner, Hisar, which was dismissed vide order dated 29.05.2014 (Annexure P-13). 2.3 Thereafter, respondent No.2-Nepolian preferred a revision (ROR No.53 of 2014-15) before the learned Financial Commissioner, Haryana, which was allowed vide order dated 27.04.2022 (Annexure P-14) whereby, respondent No.2-Nepolian was appointed as the lambardar. 2.4 Feeling dissatisfied, the petitioner has filed the instant writ petition before this Court, for seeking relief/s, as noticed here-in-above. 3. Heard. 4. In the present case, the petitioner-Maurdhaj was appointed as the lambardar (SC) of village Dhabikalan, Tehsil Tohana, District Fatehabad. The Collector’s order was further affirmed by the learned Commissioner; however, the learned Financial Commissioner, vide impugned order dated 27.04.2022 (Annexure P-14) has set aside the orders passed by the learned Collector as well as the learned Commissioner and appointed respondent No.2-Nepolian as the lambardar (SC), by observing as under :- “I have gone through the submissions put forth by both the parties and have also gone through the record of the case. It has been observed that the petitioner is having Higher Secondary qualification and having 2 acre, 7 kanal land in the village and also active in social activities. No FIR is registered against him and his father was earlier lambardar of the village. It has been observed by the Deputy Commissioner- cum-Collector Fatehabad and Commissioner, Hisar Division, GURPREET KAUR 2025.09.30 18:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh p. 3 Hisar that the petitioner Nepolian is defaulter of the bank loan. Thus he was not appointed as a Lambardar. The Annexure P-5 to Annexure P-7 shows that the petitioner took the loan from the bank but the same was paid by him and nothing is due on the part of petitioner. Therefore, rejecting the candidature of the petitioner by the Deputy Commissioner- cum-Collector, Fatehabad and Commissioner, Hisar Division, Hisar is not sustainable.” 4.1 A perusal of the above extracted order passed by the learned Financial Commissioner would show that respondent No.2-Nepolian has been appointed as the lambardar (SC) only on the ground that respondent No.2 had studied upto Higher Secondary and he holds 2 acres-7 kanals of land in the village and that respondent No.2 was wrongly non-suited on the ground that he was a defaulter of the bank loan. 5. 5. In my considered view, the afore-said reasoning put forth by the learned Financial Commissioner, is totally contrary to the well-settled law that in the matter of appointment of lambardar, the choice of the Collector is not to be lightly interfered with, even if two views are possible, unless there is any patent illegality or perversity therein. Apparently, the learned Financial Commissioner has not recorded any finding as regards the illegality or perversity in the orders passed by the learned Collector as well as the learned Commissioner. Even if, no de-merit was to be attributed to the candidature of respondent No.2-Nepolian, even then, the learned Financial Commissioner should have considered the relative merits of the candidates. It is not disputed by the learned counsel for respondent No.2- Nepolian that the petitioner-Maurdhaj is younger in age than respondent No.2 and that both have studied upto 10+2. It is also not denied that the candidature of petitioner-Maurdhaj was recommended by the lower Revenue Officers. GURPREET KAUR 2025.09.30 18:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh p. 4 5.1 If the afore-said comparative merits are seen, it would be evident that petitioner-Maurdhaj has an edge over respondent No.2- Nepolian, inasmuch the petitioner is younger in age than respondent No.2 and even his name was recommended by the lower Revenue Officers. 6. In view of the above, I am of the considered view that the petitioner was rightly appointed as the lambardar (SC) of village Dhabikalan, Tehsil Tohana, District Fatehabad by the learned Collector, which was further affirmed by the learned Commissioner; however, the learned Financial Commissioner has erred in setting aside the appointment of the petitioner as the lambardar (SC). 6.1 Resultantly, the instant writ petition is allowed. The order dated 27.04.2022 (Annexure P-14) passed by the learned Financial Commissioner, Haryana, is set aside and the order dated 05.09.2012 (Annexure P-12) passed by the learned District Collector, Fatehabad, appointing the petitioner as lambardar (SC) of village Dhabikala, Tehsil Tohana, District Fatehabad, is maintained. 7. All pending applications (if any) shall also stand closed. September 23, 2025 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No GURPREET KAUR 2025.09.30 18:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh