Remanded

Harmel Chand v. Financial Commissioner

Punjab & Haryana HC20 Apr 2011CWP/10047/2009

Case brief

AI extract

What is this about?

This writ petition challenged the failure to appoint the petitioner as Lambardar. The court set aside the lower authorities' decision to rely on the petitioner's address in Dubai, remanding the matter to the District Collector to re-adjudicate after verifying passport entries and conducting inquiries. Petition disposed.

What did the court decide?

Petition remanded to District Collector to re-adjudicate after examining petitioner's passport entries and conducting a personal inquiry; parties directed to appear on 9.5.2011.

Harmel Chand Vs Financial Commissioner — Property and Title | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Civil Writ Petition No.10047 of 2009 (O&M) DATE OF DECISION : APRIL 20, 2011

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HARMEL CHAND

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....... PETITIONER(S)

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VERSUS

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THE FINANCIAL COMMISSIONER (APPEALS-II), PUNJAB & ORS.

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.... RESPONDENT(S)

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CORAM : HON'BLE MR. JUSTICE AJAI LAMBA

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PRESENT: Mr. Satinder Khanna, Advocate, for the petitioner(s). Mr. A.K. Sharma, Addl.AG, Punjab. Mr. Arun Bakshi, Advocate, for respondent No.4.

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AJAI LAMBA, J. (Oral)

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1 Lambardar for Village Daduwal, Tehsil Phillaur, District Jalandhar, was required to be appointed. District Collector, Jalandhar, vide order dated 5.10.2006 (Annexure P-3), appointed respondent No.4 as Lambardar. The claim of petitioner-Harmel Chand has been ignored by the District Collector primarily on the ground that the petitioner keeps going to Dubai.

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2 The petitioner carried an appeal, which has been dismissed by Commissioner, Jalandhar Division, Jalandhar, vide order dated 24.4.2007 (Annexure P-2), while saying that the Collector's choice in regard to appointment of Lambardar is required to be given credence. The Commissioner has also noticed that the petitioner is working in Dubai and, thus, would not be in a position to discharge the duties of Lambardar.

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Civil Writ Petition No.10047 of 2009 (O&M)

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3 Likewise, the Financial Commissioner (Appeals-II), while passing order dated 10.12.2008 (Annexure P-1), has ignored the claim of the petitioner on the ground that the Collector has rightly appointed respondent No.4 as Lambardar.

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4 Learned counsel for the petitioner contends that after year 2000, the petitioner has not gone to Dubai. None of the authorities had given an opportunity to the petitioner to produce his passport so as to see the entries therein. Learned counsel for the petitioner asserts that the petitioner is ordinarily living in the village and is working in India only, and has not been going to Dubai.

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5 Learned counsel for respondent No.4 has not been able to controvert the fact that the petitioner has not gone to Dubai after year 2000.

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6 Considering the totality of facts and circumstances of the case, the case is remanded back to the District Collector, Jalandhar to re-adjudicate the issue, after referring to the entries in the passport of the petitioner.

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7 The parties, through their respective counsel, are directed to appear before the District Collector, Jalandhar, on 9.5.2011.

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8 The petition stands disposed of. April 20, 2011 ( AJAI LAMBA ) Kang JUDGE

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1.To be referred to the Reporters or not?

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2.Whether the judgment should be reported in the Digest?

Harmel Chand v. Financial Commissioner

Case brief

What is this about?

What did the court decide?

Harmel Chand v. Financial Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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