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2023 Supreme(P&H) 3233

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH BHARDWAJ, J.
Nek Chand – Petitioner
Versus
Financial Commissioner Revenue Punjab Chandigarh & Ors. – Respondents
CWP-2941 of 2018
Decided On : 02-08-2023

Advocates Appeared:
Mr. N.S. Khandhola, Advocate; For the Petitioner
Mr. Arun William, AAG, Punjab.
Mr. S.S. Rangi, Advocate for Respondent No.4.

Headnote:(A) Punjab Land Revenue Act, 1887 - Sections 13 and 16 - Appointment of Lambardar - Petition challenging the appointment of respondent as Lambardar after death of Suba Singh - Petitioner advanced merits but sought to quash the orders on grounds of patent illegality - No illegality or perversity found in the appointment by Collector upheld - Appointment is largely a prerogative of the Collector, and choice should not be interfered with absent gross irregularity. (Paras 2, 7, 9)

(B) Judicial review - Standard for interfering with administrative decisions - Decisions of the Collector on appointment matter should not be set aside unless marked by gross irregularity or patent error. (Paras 2, 9)

Facts of the case:
The petitioner contested the appointment of respondent Gurdeep Singh as Lambardar, contending he was favored despite being older and with less land. The Collector found respondent's experience as a Sarpanch more critical.

Findings of Court:
The court upheld the appointment and found no legal errors in the Collector's decision. No evidence of wrongdoing in the assessment of candidates.

Issues: Whether the decision of the Collector was marred by illegality or perversity, and the suitability of the candidates for the position.

Ratio Decidendi: The Collector's decision to appoint based on experience and popularity was sound; merely being younger or owning more land did not outweigh the respondent's qualifications and suitability as judged by the Collector.

Result: Writ petition dismissed.

Table of Content
1. appointment process for lambardar (Para 1 , 2)
2. comparison of candidates' qualifications and merits (Para 3 , 4 , 5)
3. court's reasoning on merits and findings (Para 6 , 7 , 8)
4. collector's prerogative in appointments (Para 9)
5. conclusion to dismiss the writ petition (Para 10)

JUDGMENT

Mr. Rajesh Bhardwaj, J.

Petitioner has approached this Court praying for quashing the order dated 08.09.2010 passed by respondent No.3, order dated 10.12.2013 passed by respondent No.2 and order dated 11.11.2017 passed by respondent No.1.

2. Learned counsel for the petitioner has submitted that after the death of Suba Singh Lambardar of Village Fatehpur Garhi, Tehsil Rajpura, the post of Lambardar fell vacant and thus, the process for the appointment of new Lambardar was initiated and the proclamation was made in the Village. Two candidates namely, Nek Chand (petitioner) and Gurdeep Singh (respondent No.4) were finally in fray. Their inter se merits were compared and on comparing inter se merits of both, it was found that Nek Chand was the member of Panchayat. His name was supported by 75 persons. On the other hand Gurdeep Singh was found to be 48 years of age and was 8th pass. Learned Collector found respondent No.4-Gurdeep Singh was the elected Sarpanch of the Village. However, on complete analysis of the merits of both the candidates i.e. petitioner Nek Chand and respondent No.4 Gurdeep Singh, he observed that though there was nothing against Nek Chand, yet Gurdeep Singh was a better choice and was younger in age, more educated and popular and thus, Gurdeep Singh was appointed as the Lambardar by the District Collector vide impugned order dated 08.09.2010. He submits that petitioner challenged the same by way of filing the appeal under Section 13 of the Punjab Land Revenue Act before learned Commissioner, Patiala. Learned Commissioner however, after hearing both the sides and comparing the record, declined the appeal filed vide his order dated 09.08.2012. Petitioner approached this Court by way of filing CWP-21145-2010 but the same was dismissed by this Court vide order dated 18.10.2012. Aggrieved by the same petitioner filed LPA No.67 of 2013 which was disposed of by this Court by directing the Commissioner Patiala to decide the revision afresh in accordance with law vide its order dated 06.05.2013. Resultantly, learned Divisional Commissioner, Patiala heard the case afresh however, after hearing both the sides, he dismissed the appeal vide his impugned order dated 10.12.2013. Aggrieved by the same, petitioner filed the revision petition under Section 16 of the Punjab Land Revenue Act, 1887 before the learned Financial Commissioner but learned Financial Commissioner found no merit in the revision filed and thus, dismissed the same vide impugned order dated 11.12.2017 and thus, upheld the decision of the Collector and that of the Commissioner. He has relied upon the judgments titled as Sukhjinder Pal Singh v. State of Punjab and others, 2016 (3) RCR (Civil) 725 and Naib Singh v. Financial Commissioner Haryana and others, 2020 (3) PLR 301.

3. Learned counsel for the petitioner has invited the attention of this Court to the inter se merits of both the petitioner and that of the respondent No.4 which are as follows:-

Sr.No.

Name

Gurdeep Singh

Nek Chand

1

Education

8th pass

5th pass

2

Age

48 years

37 years

3

Land ownership

13 Kanals

32 Kanals

4

Experience

Present Sarpanch

No experience

5

Residence

Live in Village

Live in Village

4. Learned counsel for the petitioner has submitted that it is evident that the petitioner was 37 years of age whereas, respondent No.4 was 48 years of age and thus, admittedly the petitioner was younger in age. Besides this, petitioner owned 32 kanals of land whereas, respondent Gurdeep Singh had only 13 Kanals of land in the Village. He submits that learned Collector, learned Appellate and Revisional Authority have failed to appreciate that

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