The petitioner challenged orders regarding a fresh munadi for appointment as Lambardar. The High Court held the Commissioner's conditional order to be legally correct.
Petition dismissed; orders of Commissioner and Financial Commissioner upheld.
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-11019-2016 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-11019-2016 (O&M) Date of decision: 13.11.2017
Rishi Pal
... Petitioner
versus
State of Haryana & ors.
... Respondents
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. Vikram Singh, Advocate for the petitioner.
Mr. Ashok Muthreja, DAG, Haryana.
Mr. Shekhar Verma, Advocate for respondent No.4.
Rakesh Kumar Jain, J.(Oral)
This petition is filed to challenge the order dated 09.01.2015 passed by the Commissioner and order dated 25.04.2016 (Annexure P-3) passed by the Financial Commissioner by which the order of the Commissioner has been upheld.
At this stage, learned counsel for the petitioner has argued only to the extent that fresh munadi cannot be ordered. Learned counsel for the petitioner has submitted that Commissioner has committed an error in ordering that in case both the sides are found to be in illegal possession and nobody is found unsuitable to be appointed as Lambardar then the Collector may go for fresh munadi (Proclamation).
I have heard learned counsel for the parties and did not find any error in the order passed by the Commissioner because his order is conditional that if the Collector finds that none of the candidates is eligible Sonia Bura 2017.11.15 16:46 I attest to the accuracy and integrity of this document chandigarh
CWP-11019-2016 (O&M)
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for appointment as Lambardar then he may start the process again by fresh munadi, which is the right approach.
Accordingly, the present petition is dismissed.
13.11.2017 (Rakesh Kumar Jain) sonia Judge Whether speaking/non-speaking? Yes Whether reportable? Yes/No
Sonia Bura 2017.11.15 16:46 I attest to the accuracy and integrity of this document chandigarh
1 issue framed by the court
Whether the order of the Commissioner regarding fresh munadi procedure if no suitable Lambardar is found was erroneous.
Rishi Pal
State of Haryana
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
