JUDGMENT

Rajesh Bhardwaj, J.

Prayer in the present petition is for setting aside the impugned order dated 29.12.2020 (Annexure P-1), passed by District Collector, Moga and order dated 17.07.2023 (Annexure P-3) passed by Financial Commissioner (Appeals), Punjab by virtue of which the order of District Collector, Moga restored, whereby the candidate Salwinder Singh has wrongly appointed as Lambardar of village Kot Mohammad Khan (Patti Sauda), Tehsil Dharamkot District Moga and for upholding/restoring the well reasoned order dated 26.05.2022 (Annexure P-2) passed by the learned Commissioner, Ferozepur Division, Ferozepur, whereby the petitioner had been correctly appointed as Lambardar of the village.

2. Adumbrated fact of the case are that on the death of Sona Singh, earlier Lambardar of village Kot Mohammad Khan (Patii Sauda), Tehsil Dharamkot, District Moga, the post of Lambardar fell vacant and process for the appointment of new Lambardar was initiated. Necessary approval was granted. Mushatri Munadi was conducted in the village for inviting applications from the interested candidates. In pursuance to the same, applications were received from Jagtar Singh, Bohar Singh, Pipal Singh, Labhpreet Singh, Jora Singh (petitioner), Kuldeep Singh, Salwinder Singh (respondent No.4), Resham Singh, Jeet Singh and Amandeep Singh. Police verification of all the candidates were carried out and their antecedents were verified. On the appreciation of the merits of the candidates, Salwinder Singh (respondent No.4) was found to be 40 years of age and matriculate. Besides this, he owned 2½ acres of land. There was nothing adverse found against his antecedents. So far as petitioner Jora Singh is concerned, he was found to be 46 years of age and 12th standard passed. Besides this, he owned 25 kanals 13 marlas of land and nothing adverse was found about his antecedents. Inter-se merits of all the candidates were analysed by the Collector and after overall assessment of the candidates, he found Salwinder Singh-respondent No.4 to be most suitable candidate and thus, appointed him as Lambardar of village vide order dated 29.12.2020 (Annexure P-1). Aggrieved by the same, three appellants, namely, Jora Singh, Shalwinder Singh and Bohar Singh filed their independent appeals before the Commissioner, Ferozepur Division, Ferozepur. All the three appeals were heard together and after hearing all the parties, the learned Commissioner accepted the appeals and remanded the case to the District Collector for a decision afresh after considering the merits and demerits of the candidates vide order dated 26.05.2022 (Annexure P-2). Aggrieved by the same, respondent No.4 filed three revisions against three appeals before the Financial Commissioner. Learned Financial Commissioner heard all the parties and found the order passed by the Commissioner to be illegal and thus, accepted the revisions filed by respondent No.4 by upholding the order passed by the Collector dated 29.12.2020 vide impugned order dated 17.07.2023 (Annexure P-3). Hence, the petitioner has approached this Court by way of filing the present petition.

3. Learned counsel for the petitioner has vehemently submitted that the learned Collector had fallen in error in ignoring the merits of the petitioner and hence, illegally appointed respondent No.4 as Lambardar of the Village. He submits that the petitioner was 46 years of age at the time of filing his application besides this, he was more qualified than respondent No.4 as he was 12th class pass, whereas, respondent No.4 was matriculate. He has further submitted that the petitioner also owned more land than respondent No.4, hence, appointment of respondent No.4 by the Collector was totally against the evidence