IN THE HIGH COURT OF PUNJAB AND HARYANA GURMUKH BHAGAT LD. FINANCIAL COMMISSONER (APPE AND OTHERS CORAM: Present : HARSH BUNGER, J. [ORAL] CM-11891- application dated 08.09.2015 as Annexure P allowed and Annexure P exceptions. CWP-21015 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari passed by the learned District Collector, S.B.S. Nagar; order dated IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH GURMUKH BHAGAT Versus LD. FINANCIAL COMMISSONER (APPE AND OTHERS HON’BLE MR. JUSTICE HARSH BUNGER Mr. Navdeep Jain, Advocate for Mr. Sunny K. Singla, Advocate for the petitioner. Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab. HARSH BUNGER, J. [ORAL] CWP-2025 This is an application for placing on record the copy of application dated 08.09.2015 as Annexure P For the reasons recorded in the application, the same is allowed and Annexure P-16 is taken on record, subject to all just 21015-2025 (O&M) 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 04.01.2023 (Annexure P passed by the learned District Collector, S.B.S. Nagar; order dated IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21015-2025 (O&M) Date of decision :20.08.2025 …Petitioner LD. FINANCIAL COMMISSONER (APPEALS), PUNJAB …Respondents HON’BLE MR. JUSTICE HARSH BUNGER for Mr. Sunny K. Singla, Advocate Nirmaljit Singh Diwana, Sr. D.A.G., Punjab. placing on record the copy of application dated 08.09.2015 as Annexure P-16. For the reasons recorded in the application, the same is 16 is taken on record, subject to all just ent 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 04.01.2023 (Annexure P-3) passed by the learned District Collector, S.B.S. Nagar; order dated 6 2025 (O&M) .08.2025 placing on record the copy of For the reasons recorded in the application, the same is 16 is taken on record, subject to all just ent writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature 3) passed by the learned District Collector, S.B.S. Nagar; order dated GURPREET KAUR 2025.09.23 14:44 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh 16.05.2023 (Annexure P-9) passed by the learned Commissioner, Rupnagar Division, Rupnagar and order dated 07.11.2024 (Annexure P-11) passed by the learned Financial Commissioner (Appeals), Punjab. 2. Briefly, upon demise of Sh. Munshi Ram, previous lambardar (S.C.) of Village Siyana, Tehsil Balachaur, District S.B.S. Nagar; proceedings were initiated for filling up the vacancy wherein, petitioner- Gurmukh Bhagat and respondent No.4-Naresh Kumar, were also the candidates. 2.1 Initially, the Naib Tehsildar, Balachaur and Sub-Divisional Magistrate, Balachaur recommended the candidature of respondent No.4- Naresh Kumar; however, the learned District Collector vide order dated 03.03.2021 (Annexure P-1) referred the matter back to the learned Assistant Collector for examining the facts and hearing the candidates again and then to make a recommendation for the suitable candidate. A further direction was issued that in case, none of the candidates was found eligible, then the name of the suitable candidate should be recommended after getting proclamation done in the village for inviting fresh applications. 2.2 It appears that the petitioner as well as respondent No.4 challenged the afore-said order dated 03.03.2021 (Annexure P-1) by filing their respective appeals before the learned Commissioner, who vide a common order dated 07.06.2022 (Annexure P-2), set aside the order dated 03.03.2021 (Annexure P-1) and further directed the learned Collector to take a decision as regards the appointment of lambardar after hearing all the candidates. 2.3 Thereafter, the learned Collector again took up the matter and upon consideration of the relative merits and de-merits of the candidates, found respondent No.4-Naresh Kumar as the suitable candidate and GURPREET KAUR 2025.09.23 14:44 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh accordingly, appointed him as the lambardar (S.C.) of village Siyana, vide order dated 04.01.2023 (Annexure P-3). 2.4 Feeling aggrieved against the Collector’s order, the petitioner preferred an appeal before the learned Commissioner, Rupnagar Division, Rupnagar; however, the same was dismissed vide order dated 16.05.2023 (Annexure P-9). 2.5 Still dissatisfied, the petitioner preferred a revision petition (ROR-887-2023) before the learned Financial Commissioner, which has also been dismissed vide order dated 07.11.2024 (Annexure P-11). 2.6 In the afore-mentioned circumstances, the present writ petition has been filed by the petitioner before this Court, for the relief, as noticed here-in-above. 3. Learned counsel for the petitioner submits that the revenue authorities below have erred in law and fact in passing the impugned orders. It is submitted that the petitioner is more meritorious than respondent No.4. It is contended that the authorities below have failed to appreciate that respondent No.4 had taken a loan from HDFC Bank; however, he had not cleared the same upto the date of his appointment; although the same was cleared by him after the passing of the order by the learned District Collector; therefore, a person obtaining a loan, cannot be appointed as a lambardar. It is further contended that the petitioner has been wrongly non-suited by the authorities on the ground that he would not be readily available as he is working as a DJ (Disc Jockey) whereas, the petitioner had categorically mentioned that he is not doing any work of DJ. On the basis of the afore-said submissions, prayer has been made for setting aside the impugned orders. 4. Heard. GURPREET KAUR 2025.09.23 14:44 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh 5. Here, it would be apposite to refer to the comparative merits of the candidates (as noticed by the learned Collector), which are as under :- S. No. Particulars Petitioner (Gurmukh Bhagat) Resp. No.4 (Naresh Kumar) 1 Age 41 years 38 years 2 Educational qualification Matric (although now he claims to have studied upto 10+2) 10+2 3 Land holding/s Three shops in Village Siyana ----- 4 Others Participates in religious and public welfare works Blood donor 5 Recommended by --- Tehsildar as well as Sub-Divisional Magistrate, Balachaur 5.1 A perusal of the above-extracted comparison would show that respondent No.4 has an edge over the petitioner inasmuch as that respondent No.4 is younger in age and his name was recommended by the lower Revenue Officers. 5.2 As regards the plea of the petitioner that he has been wrongly suited by considering that he would not be readily available as he is working as a DJ; suffice it to say that the petitioner while submitting his application (Annexure P-16) for appointment to the post of lambardar has made the following statement therein :- “My date of birth is 01.01.1981 and I am +2 pass. My residential house is located within the lal lakir of village Siyana and at present, I am doing the work of DJ lights and sound at village Siyana and having personal shop near Rajindra Petrol Pump.” 5.3 A perusal of the above-extracted statement made by the petitioner in his application (Annexure P-16), would show that he clearly GURPREET KAUR 2025.09.23 14:44 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh admitted his working as DJ and therefore, if the petitioner has been non- suited by considering the said fact, no exception can be made to that. 5.4 As regards the other plea of the petitioner that respondent No.4 had taken a loan therefore, he was not eligible for appointment to the post of lambardar, it is observed that taking of loan cannot be considered as a de-merit or a bar for consideration for appointment as lambardar. Further, it is not disputed that respondent No.4 has already cleared his loan. Therefore, there is no merit in the submission raised on behalf of the petitioner and the same is, accordingly, rejected. 6. That apart, the learned Collector had found respondent No.4 as a suitable candidate and accordingly, appointed him as the lambardar. The said appointment has been further affirmed by the learned Commissioner as well as the learned Financial Commissioner. 7. It is well settled that in the matter of appointment of lambardar, the choice of the Collector cannot be lightly interfered with even if two views are possible. Recently, the Hon’ble Division Bench of this Court in LPA No. 2217 of 2024 titled as Murti Devi Vs. State of Haryana &Ors., decided on 09.07.2025 has observed as under: “8. Moreover, it is a settled position that choice of the Collector in respect to appointment to the post of Lambardar should not be set aside until and unless there is patent illegality or perversity pointed out therein. Interference is also not called for only on the ground that two views may be possible. In this respect gainful reference can be made to judgments of this High Court in Neeraj Kumar Vs. State of Haryana and others, 2013 (4) RCR (Civil) and Sukhminder Singh Vs. the Financial Commissioner and others 1992 PLJ 325” GURPREET KAUR 2025.09.23 14:44 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh 8. No other point has been urged. 9. Considering the totality of circumstances, I find no compelling reason to interfere in the impugned orders. Resultantly, the instant writ petition fails and the same is, accordingly, dismissed. 10. All pending applications (if any) shall also stand closed. August 20, 2025 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No GURPREET KAUR 2025.09.23 14:44 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh