On November 10, 2006, a two-judge bench dismissed a writ petition challenging an order directing a fresh proclamation for the appointment of a Lambardar. The court held there was no illegality as the appointment process was at an initial stage.
Additional Writ Petition dismissed; no fresh proclamation order quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO.: CWP No.6887 of 2006 DATE OF DECISION: November 10, 2006
SUDHIR KUMAR
...PETITIONER
VERSUS
STATE OF PUNJAB AND OTHERS
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MRS. JUSTICE NIRMAL YADAV.
PRESENT: MR. O.P. HOSHIARPURI, ADVOCATE FOR THE PETITIONER. MR. C.M. MUNJAL, SR.ADDL.A.G., PUNJAB. MR. VIKAS KUMAR, ADVOCATE FOR RESPONDENT NO.4.
ASHUTOSH MOHUNTA, J. (ORAL)
The petitioner is aggrieved by the order, Annexure P-2 passed by the Financial Commissioner Appeals, Punjab dated 9.1.2006, by which it has been ordered that fresh proclamation be made with regard to appointment of Lambardar. Counsel for the petitioner has vehemently argued that proclamation had been done in accordance with law, therefore, there is no ground to order that a fresh proclamation be made.
A perusal of the impugned order shows that the process of appointment of Lambardar is at the initial stage only. No orders have been passed by any quasi-judicial authority appointing any person as Lambardar. Thus, the Financial Commissioner has rightly ordered that fresh proclamation be made and the appointment of Lambardar be done after the proclamation.
There is no illegality in the impugned orders and accordingly the writ petition is dismissed.
(ASHUTOSH MOHUNTA) JUDGE
November 10, 2006 (NIRMAL YADAV) Gulati JUDGE
1 issue framed by the court
Whether the petitioner can challenge an order directing a fresh proclamation for the appointment of a Lambardar at an initial stage.
Sudhir Kumar
State of Punjab
Ashutosh Mohunta
Nirmal Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
