JUDGMENT : 

Harsh Bunger, J. (Oral)

Petitioner (Harbhajan Singh) has filed the instant writ petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of Certiorari for quashing the order dated 08.09.2017 (Annexure P-3) passed by the learned Commissioner, Rupnagar Division, Rupnagar, whereby respondent No.4 (Mangal Singh) was appointed as the Lambardar of Village Bhallan (Taraf Majra), Tehsil Nangal, District Rupnagar.

A further prayer has been made by the petitioner for quashing the order dated 18.01.2024 (Annexure P-7) passed by the Financial Commissioner (Appeals), Punjab, whereby his appeal bearing ROA No.70 of 2017 against the aforesaid order dated 08.09.2017 (Annexure P-3) was dismissed.

Another prayer has been made by the petitioner for upholding the order dated 26.11.2012 (Annexure P-2) passed by learned Collector, Rupnagar; whereby, the petitioner was appointed as the Lambardar of Village Bhallan (Taraf Majra).

2. Briefly, the previous Lambardar of Village Bhallan (Taraf Majra), namely Bhagat Singh son of Puran Singh, expired on 24.10.2010 and thereafter, the proceedings were initiated for filling up the vacant post of Lambardar of the aforesaid village. After due proclamation for the aforesaid post of Lambardar, fifteen applications were received, including the application submitted by the present petitioner (Harbhajan Singh) and respondent No.4 (Mangal Singh). The character of the candidates was got verified from the local police, which was found to be in order. Lower Revenue Officers, i.e. Naib Tehsildar, Nangal and Sub Divisional Magistrate, Nangal recommended the name of petitioner (Harbhajan Singh) for appointment to the post of Lambardar of Village Bhallan (Taraf Majra). Thereafter, the matter was put up before the District Collector, Rupnagar, who afforded opportunity of hearing to the contesting parties.

3. As regards the petitioner (Harbhajan Singh), it was observed by the District Collector, Rupnagar that he was 65 years of age; having educational qualification upto 10th Standard. It was further observed that he is an Ex-sarpanch of the Village and had retired from Army as ' Subedar Major'. It was also observed that Halqa Patwari found 3 acres of land in the name of the petitioner and four candidates had withdrawn their nomination in his favor.

3.1 . On the other hand, as regards respondent No.4 (Mangal Singh), it was observed by District Collector, Rupnagar that he was 40 years of age; having educational qualification upto 10th Standard with I.T.I. Diploma. It was further observed that Halqa Patwari found 2 acres - 4 kanals of land in his name. It was also observed that his grandfather was a 'Freedom Fighter' and villagers had consented in his favour.

3.2 It is noticed that before the learned Collector, the other candidates while speaking on demerits of the petitioner, stated that he has done illegal construction on Panchayat land and had also mishandled panchayat fund during his tenure as a Sarpanch and later he deposited Rs.7,664/-.

4. The learned Collector, Rupnagar vide order dated 26.11.2012 (Annexure P-2) appointed the present petitioner (Harbhajan Singh) as Lambardar of Village Bhallan (Taraf Majra).

5. Being aggrieved against the aforesaid order dated 26.11.2012 (Annexure P-2) passed by the learned District Collector, Rupnagar, Mangal Singh (respondent No.4) filed an appeal (Revenue Appeal No.72 of 2012) before the Divisional Commissioner, Rupnagar. Another appeal (Revenue Appeal No.75 of 2013) was filed by another candidate (Jujhar Singh). Both the aforesaid appeals came to be decided by the learned Commissioner vide a common order dated 08.09.2017 (Annexure P-3); whereby the appeal of the respondent No.4 was allowed and he was appointed as the Lambardar of Village Bhallan (Taraf Majra).

6. The aforesaid order dated 08.09.2017 (Annexure P-3) was challenged by the present petitioner (Harbhajan Singh) before the Financial Commissioner, Punjab by filing an appeal (ROA No.70 of 201