This writ petition challenged appointments and dismissals of appeals/revsions regarding a Lambardar vacancy. The court found no illegality or perversity in orders by revenue authorities affirming Ajit Singh's appointment based on merits. The petition was dismissed in limine.
Petition dismissed in limine.
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.
CWP No.17655 of 2010
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.17655 of 2010 Date of Decision: January 11, 2012
Rajpal
…..Petitioner
Versus
State of Haryana and others
….Respondents
CORAM: HON’BLE MR. JUSTICE PARAMJEET SINGH
Present: Mr. Vikram Singh, Advocate for the petitioner.
Mr. Sandeep S. Mann, Sr. DAG, Haryana
Mr. V.S. Punia, Advcoate for respondent No.4.
Paramjeet Singh, J
The instant writ petition has been filed under Articles 226/227 of the Constitution of India praying for quashing of order dated 24.05.2006 (Annexure P-1) passed by District Collector, Hisar, appointing respondent No.4-Ajit Singh as Lambardar of Village Payal, Tehsil and District Hisar, order dated 16.03.2007 (Annexure P-2) passed by Divisional Commissioner, Hisar Division, Hisar and order dated 21.07.2010 (Annexure P-5) whereby appeal and revision filed by the petitioner against order dated 24.05.2006(P-1) of District Collector have been dismissed respectively.
The brief facts of the case are that to fill the vacancy of Lambardar caused by the death of Sh. Baldev Singh, Lambardar (General Category) on 06.01.2005 of Village Payal, Tehsil & District Hisar, the
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proclamation was made under the supervision of the Assistant Collector IInd Grade. In pursuance of the proclamation, five applicants namely Balraj, Shamsher, Umed Singh, Ajit Singh and Rajpal submitted their applications. The conduct and antecedents of the candidates were got verified from the local police and nothing adverse was found against these candidates. After taking into account the merits of the candidates, Tehsildar recommended the name of Ajit Singh to the Sub-Divisional Officer-cum Assistant Collector Ist Grade who concurred with the recommendation of Tehsildar and sent the case of Ajit Singh to Collector. The Collector after appreciating the comparative merits of the candidates found Ajit Singh to be a better candidate than the other candidates and appointed Ajit Singh son of Risal Singh as Lambardar (General Category) of village Payal Tehsil and District Hisar vide order dated 24.05.2006 (Annexure P-1). Rajpal- petitioner preferred an appeal against the order of the Collector and the same was dismissed by the Divisional Commissioner, Hisar Division, Hisar vide its order dated 16.03.2007 (Annexure P-2). The revision preferred by the petitioner before the Financial Commissioner, Haryana too has been dismissed vide order dated 17.04.2007 (Annexure P-3).
Dissatisfied with the orders of all the revenue authorities, petitioner approached this Court by way of Civil Writ Petition No.18897. This Court remanded the case vide order dated 16.04.2009 (Annexure P-4) to the Financial Commissioner, Haryana with a direction to consider if the petitioner has encroached upon any land and its effect thereof on the appointment of petitioner as Lambardar. In pursuance of the remand order passed by this Court on 16.04.2009, the case of the petitioner was reconsidered by the Financial Commissioner, who recorded a finding that as
CWP No.17655 of 2010
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per the latest demarcation report the encroachment is by Sanjay son of Bijender and not by Ajit Singh-petitioner and Financial Commissioner came to the conclusion that even if it is admitted that Ajit Singh-petitioner had encroached upon phirni at some time then there is no evidence to the effect that he had done so at the time of his appointment. The learned Financial Commissioner also came to the conclusion that there is no positive evidence of encroachment by Ajit Singh and found no reason to interfere with the choice of the Collector. The order passed by the Collector was affirmed by the Divisional Commissioner, Hisar and the revision filed by the petitioner was dismissed vide order dated 21.07.2010 (Annexure P-5). Hence, this writ petition.
I have heard learned counsel for the parties and perused the impugned orders.
Learned counsel for the petitioner has not been able to point out any illegality or perversity in the orders passed by the Collector, Divisional Commissioner and Financial Commissioner. The Collector has recorded a categoric finding and after appreciating the merits of all the contesting candidates appointed Ajit Singh as Lambardar of the village. The Collector found Ajit Singh as younger in age and an impressive person, who has passed 10+1 examination. He takes interest in the governmental activities and helps in implementing the Government policies. He also motivated 13 cases of family planning. The Assistant Collector Ist Grade and Assistant Collector IInd Grade also recommended the name of Ajit Singh. The Financial Commissioner also recorded a categoric finding that Ajit Singh has not encroached upon any land at the time of his appointment as Lambardar by the Collector, the ground on which the petitioner has challenged the appointment
CWP No.17655 of 2010
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of Ajit Singh up to this Court by filing Civil Writ Petition No.18897 of 2007. The case was remanded for fresh decision. After re-appreciating the merits of all the candidates, the Collector found Ajit Singh to be a better candidate and appointed him as Lambardar. It is settled law that the choice of the Collector cannot be set aside lightly, it can only be set aside if there is any perversity or illegality in the order. Since the learned counsel failed to pointout any illegality or perversity in the orders passed by the Collector, Divisional Commissioner and Financial Commissioner, they are upheld.
No merit.
Dismissed in limine.
(PARAMJEET SINGH) JUDGE
11.01.2012 vcgarg
3 issues framed by the court
Whether the appeal filed by the petitioner against the appointment order of Assistant Collector should be allowed.
Whether the orders passed by District Collector, Divisional Commissioner and Financial Commissioner are liable to be quashed.
Whether any perversity or illegality was found in the appointment of Ajit Singh as Lambardar.
Rajpal
State of Haryana
PARAMJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
