20.02.2025 MOHAN SINGH MOHAN SINGH v. THE FINANCIAL COMMISSIONER
Case Details
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH CWP-4717-2025 (O&M) 2025 (O&M) Date of decision :20.02.2025 Date of decision :20.02.2025 MOHAN SINGH MOHAN SINGH …Petitioner Versus THE FINANCIAL COMMISSIONER (APPEALS), PUNJAB THE FINANCIAL COMMISSIONER (APPEALS), PUNJAB THE FINANCIAL COMMISSIONER (APPEALS), PUNJAB AND OTHERS AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Sarbjit Singh Khaira, Advocate Mr. Sarbjit Singh Khaira, Advocate for the petitioner. Mr. Navneet Singh, Sr. D.A.G., Punjab. Mr. Navneet Singh, Sr. D.A.G., Punjab. HARSH BUNGER, J. [ORAL] HARSH BUNGER, J. [ORAL] Petitioner has filed the present writ petition under Articles Petitioner has filed the present writ petition under Articles Petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India, inter alia 226/227 of the Constitution of India, , seeking issuance of a writ in inter alia, seeking issuance of a writ in , for setting aside the order dated 27.02.2019 the nature of certiorari, for setting aside the order dated 27.02.2019 , for setting aside the order dated 27.02.2019 the nature of (Annexure P-1) passed by the learned Dist (Annexure P rict Collector, Gurdaspur, 1) passed by the learned District Collector, Gurdaspur, appointing respondent No.4-Dyal Singh as the appointing respondent No.4 of Village Dyal Singh as the lambardar of Village Tajpur, Tehsil Dina Nagar, District Gurdaspur. Tajpur, Tehsil Dina Nagar, District Gurdaspur. Tajpur, Tehsil Dina Nagar, District Gurdaspur. A further prayer has been made for setting aside the order A further prayer has been made for setting aside the order A further prayer has been made for setting aside the order 2) passed by the learned Commissioner, dated 06.10.2021 (Annexure P-2) passed by the learned Commissioner, 2) passed by the learned Commissioner, dated 06.10.2021 (Annexure P Jalandhar Division, Jalandhar and also the order dated 18.12.2023 Jalandhar Division, Jalandhar and also the order dated 18.12.2023 Jalandhar Division, Jalandhar and also the order dated 18.12.2023 Jalandhar Division, Jalandhar and also the order dated 18.12.2023 (Annexure P-3) passed by the learned Financial Commissioner (Ap (Annexure P peals), 3) passed by the learned Financial Commissioner (Appeals), Punjab; whereby the appeal and revision filed by the petitioner, has been Punjab; whereby the appeal and revision filed by the petitioner, has been Punjab; whereby the appeal and revision filed by the petitioner, has been Punjab; whereby the appeal and revision filed by the petitioner, has been dismissed.
Legal Reasoning
GURPREET KAUR 2025.02.24 17:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh 5 Page 1 of 5 2. Briefly, upon the demise of Sh. Mota Singh S/o Kehar Singh, the previous lambardar of Village Tajpur, proceedings were initiated for filling up the afore-said vacancy. In pursuance of the proclamation made in the village, two applications i.e. one by the petitioner and another by respondent No.4, were received. 2.1 The Naib Tehsildar, Dinanagar as well as the Sub-Divisional Magistrate, Dinanagar recommended the name of Dyal Singh (respondent No.4) for appointment to the afore-said vacancy and the matter was put up before the learned Collector, Gurdaspur. 2.2 The learned Collector, Gurdaspur, after considering the relative merits and de-merits of the candidates, found respondent No.4 as the suitable candidate and accordingly, appointed him as the lambardar of Village Tajpur, vide order dated 27.02.2019 (Annexure P-1). 2.3 Feeling aggrieved against the order of learned Collector, Gurdaspur, the petitioner preferred an appeal before the learned Commissioner, Jalandhar Division, Jalandhar, which was dismissed vide order dated 06.10.2021 (Annexure P-2). 2.4 Still aggrieved, the petitioner preferred a revision petition (ROR-209-2022) before the learned Financial Commissioner (Appeals) Punjab, which was also dismissed vide order dated 18.12.2023 (Annexure P-3). 3. In the afore-mentioned facts and circumstances, the present writ petition has been filed before this Court, for the relief/s, as noticed here-in-above. 4. 5. GURPREET KAUR 2025.02.24 17:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Heard. Here it would be apposite to state the relative merits of the Page 2 of 5 candidates (as noticed by learned Collector, Gurdaspur):- S. No. Particulars Petitioner (Mohan Singh) Resp. No.4 (Dyal Singh) 1 2 3 4 Age 69-70 years 64-65 years Educational qualification 10th standard 6th standard Land holding/s 80 kanal-14 marla 2 kanal-4 marla Recommended by ------ Tehsildar Dinanagar SDM, Dinanagar 6. It is well established that the learned Collector is the main authority for appointment of the Lambardar. It is the Collector, who not only appreciates the antecedents of all the candidates in the fray but also personally interacts with them. 7. The learned Collector, Gurdaspur while appointing respondent No.4-Dyal Singh as Lambardar, concluded that he appeared to be more intelligent and aware of lambardari works and that his name was recommended by both the lower Revenue Officers. Apparently, respondent No.4- Dyal Singh is also younger in age that the petitioner 8. In Mahavir Singh v. Khiali Ram and Others, 2009(1) RCR (Civil) 757, Hon'ble Supreme Court held that with regard to the appointment of a Lambardar, age of a candidate is a relevant factor. 9. As far as the recommendations by the lower Revenue Officer is concerned, although, the Collector is not bound by the recommendation made by the Revenue Authorities in favour of a candidate; however, due consideration is to be accorded to such recommendations as they are in a position to assess the suitability of a candidate and such recommendation would have some persuasive value. In this regard, reference can be made to the observations made in the case of Hakam Singh vs Financial GURPREET KAUR 2025.02.24 17:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 3 of 5 Commissioner (Revenue), Punjab, 2016(4) RCR (Civil) 335 and Atma Singh vs The Financial Commissioner, Revenue, Punjab, 2016(1) LAR 592. 10. It is required to be noticed that although, the petitioner owns more land than respondent No.4; however, it is observed that so far as holding of land is concerned, same is taken into consideration only for the purpose of security towards government revenue collected by the Lambardar. Respondent no.4 owns about 2kanals-4 marlas of land, which is sufficient to be taken into consideration for the purpose of security of revenue, collected by the Lambardar. Similar view was taken by this Court in Pishora Singh vs State of Punjab, 2015(2) RCR (Civil) 344. Furthermore, in case of Gurpreet Singh versus Financial Commissioner (Revenue), Punjab, 2017(1) RCR (Civil) 233, this Court has observed that land revenue stood abolished in both the State of Punjab and Haryana, long back, thus owning land by the candidates for the post of Lambardar would not be of much significance any further. 11. Furthermore, in the case of Kuldip Singh vs Financial Commissioner, Appeals-II, Punjab, 2016(1) RCR (Civil) 273; it was held by the Division Bench of this Court that choice of the District Collector cannot be lightly set aside, even if two views are possible, unless there is any patent illegality or perversity therein. 12. In the present case, the subjective satisfaction of the Collector, has been further upheld by the Appellate as well as the Revisional Authorities below, therefore the same is required to be respected. 13. Considering the totality of circumstances, I do not find any GURPREET KAUR 2025.02.24 17:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 4 of 5 merit in the instant writ petition and the same is, accordingly, dismissed. 14. All pending application/s, if any, shall also stand closed. February 20, 2025 gurpreet (HARSH BUNGER) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No GURPREET KAUR 2025.02.24 17:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 5 of 5