Writ petition for quashing of orders appointing the petitioner as Lambardar filed by the petitioner's legal representative after the petitioner's death. The High Court dismissed the petition as infructuous since Lambardar post is a personal right and cannot be succeeded by legal heirs.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No. 5257 of 2004 Date of Decision: December 02, 2011
Harjinderpal Singh.
…Petitioner
Versus
Financial Commissioner, Taxation, Punjab and others.
…Respondents
CORAM: HON’BLE MR. JUSTICE PARAMJEET SINGH.
Present: Mr. Vijay Saini, Advocate, for Mr. G.S. Nagra, Advocate, for the petitioner.
Mr. Manish Kumar, A.A.G., Punjab, for respondent Nos. 1 and 2.
Mr. P.N. Aggarwal, Advocate, for respondent No.3.
Paramjeet Singh, J.
Present petition has been filed by Harjinderpal Singh (petitioner) for quashing of order dated 06.01.2004 (Annexure P/5) passed by the Financial Commissioner, Taxation, Punjab and order dated 28.09.2001 (Annexure P/3) passed by the Collector, Ludhana, whereby Gurmeet Singh – respondent No.3 had been appointed Lambardar of the village Mundiani.
The brief facts of the case are that Harjit Singh, Lambardar of the Village Mundiani, Tehsil Mullanpur, District Ludhiana, died on 15.06.2000. In response to that, applications for the post of Lambardar were invited. Petitioner – Harjinderpal Singh and respondent No.3 – Gurmeet Singh applied for the post of
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CWP No.5257 of 2004
Lambardar. The Collector appointed Gurmeet Singh – respondent No.3 as Lambardar vide order dated 28.09.2001 (Annexure P/3). However, on appeal filed by the petitioner, the Divisional Commissioner appointed the petitioner as Lambardar vide order dated 22.05.2002 (Annexure P/4). The order of the Divisional Commissioner was set aside by the Financial Commissioner (Taxation), Punjab vide order dated 06.01.2004 (Annexure P/5) uphold the choice of the Collector.
Learned counsel for the petitioner states that petitioner – Harjinderpal Singh has expired. Since this case is for the appointment of Lambardar of Village Mundiani, Tehsil Mullanpur, District Ludhiana. Appointment to the post of Lambardar is a personal right. Legal heirs cannot claim post nor can be substituted as legal heirs. So, the present writ petition has become infructuous.
Dismissed as infructuous.
December 02, 2011 (PARAMJEET SINGH) vkd JUDGE
Harjinderpal Singh
Financial Commissioner, Taxation, Punjab
Gurmeet Singh
Paramjeet Singh
As recorded by the court registry
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