The High Court of Punjab & Haryana dismissed a writ petition challenging appointment of Hans Raj as Lambardar. The court found no perversity in the District Collector's discretion and rejected the argument that the petitioner’s father's arrears should be ignored.
The writ petition was dismissed.
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 & HARYANA, CHANDIGARH
Civil Writ Petition No.1699 of 2011 Date of Decision: January 31, 2011
Sushil Kumar
.....PETITIONER(S)
VERSUS
Financial Commissioner & Principal Secretary to Government of Haryana, Department of Appeals & others
.....RESPONDENT(S)
. . .
CORAM:
HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Naveen S. Bhardwaj, Advocate, for the petitioner.
. . .
AJAI LAMBA, J (Oral)
CWP No.1699 of 2011
[2]
village Jeetpura, Majra Bhatol Rangdan, Tehsil Hansi, District Hisar. Appeal filed by the petitioner has been dismissed by the Commissioner and the revision petition has also approved the order passed by the District Collector.
of learned counsel.
District Collector being the revenue officer, who has to take work from the Lambardar/ headman, is
the appropriate authority to appoint Lambardar.
of petitioner and Hans Raj, who has been appointed as Lambardar, I find that no perversity can be traced in the discretion exercised by the District Collector. One of the issues against the petitioner is that father of the petitioner did not pay Abiana which was deposited by him subsequently. It shows the tendency to remain in arrears. Father of the petitioner was earlier the Lambardar. On the one part, benefit of hereditary claim is sought and on the other side, it has
CWP No.1699 of 2011 [3]
been argued that misconduct of father of the petitioner be ignored for consideration of claim of the petitioner for appointment as Lambardar. I find no merit in the contention of learned
counsel for the petitioner.
extraordinary writ jurisdiction is made out.
January 31, 2011 JUDGE
avin
2 issues framed by the court
Whether the District Collector's discretion in appointing a Lambardar was arbitrary or showed perversity.
Whether the petitioner's claim for appointment as Lambardar, given his father's history of arrears to Abiana, deserves relief in writ jurisdiction.
Sushil Kumar
Financial Commissioner & Principal Secretary to Government of Haryana
Hans Raj
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
