Judgment

Nanavati, J.-Leave granted.

2. Heard learned counsel for the parties.

3. The appellant - Khazan Singh was appointed as a Lambardar by the Collector of Jind by his order dated 17.12.1990. That order was chal­lenged by one Tek Chand before the Commissioner, Hissar Division. The Commissioner without setting aside the order of the Collector remanded the matter to him for fresh consideration of merits and deme­rits of Khazan Singh and Tek Chand. This order of remand was challenged by Khazan Singh by filing an appeal before the Financial Commissioner, Haryana. He disposed of the appeal by declaring that the order passed by the Collector has become final and by observing that the proceedings have become infructuous as a result of death of Tek Chand.

4. Aggrieved by that order, Shamsher Singh, son of Tek Chand filed a Writ Petition in the High Court of Punjab and Haryana. It disposed of the petition by remanding the case to the Collector and directing the Collector to permit Khazan Singh to continue as Lambardar till a fresh decision is taken by him as to who should be appointed as the Lambar­dar. The High Court also directed the Collector to invite fresh appli­cations from other inte