JUDGMENT :

HARSH BUNGER J. 

1 Petition herein is, inter alia, seeking a writ in the nature of Certiorari, for setting aside the order dated 23.01.2008 (Annexure P-2) passed by learned Commissioner, Faridkot Division, Faridkot and order dated 12.03.2013 (Annexure P-3) passed by learned Financial Commissioner, Punjab.

2. Briefly, upon demise of Sh. Suraj Singh, previous Lambardar of village Maan Beebrian, Tehsil and District Mansa, proceedings were initiated for filling up the said vacancy, wherein petitioner (Bahal Singh) and respondent No.4 (Taranjit Singh) were also the candidates.

2.1. The learned Collector vide order dated 07.07.2006 (Annexure P-1) appointed petitioner (Bahal Singh) as the Lambardar of village Maan Beebrian, Tehsil and District Mansa.

2.2 Feeling aggrieved against the learned Collector’s order, respondent No.4 preferred an appeal before the learned Commissioner, Faridkot Division, Faridkot, which came to be allowed vide order dated 23.01.2008 (Annexure P-2), whereby the learned Collector’s order was set aside and respondent No.4 was appointed as Lambardar.

2.3 Feeling dissatisfied, petitioner preferred an appeal (ROA No.55 of 2008) before the learned Financial Commissioner, which has been dismissed vide order dated 12.03.2013 (Annexure P-3).

3. In the aforementioned circumstances, the present writ petition has been filed before this Court for seeking relief(s) as noticed hereinabove.

4. A perusal of the order sheets would reveals that in the present writ petition, notice of motion was issued on 26.02.2014; however, no order regarding stay as regards to appointment of respondent No.4 was issued till date. It is conceded by learned counsel for the petitioner that, presently respondent No.4 is discharging the duties of Lambardar.

5. I have heard the learned counsel for the parties and perused the paperbook with their able assistance.

6. A perusal of the order passed by the learned Collector would show that, he had appointed petitioner (Bahal Singh) as Lambardar despite noticing that the respondent No.4 (Taranjit Singh) is more educated than the petitioner, who has studied up to only 6^th class. It has been further observed that the petitioner was the nephew of the deceased Lambardar and he had remained as Sarbarah Lambardar for the period of ten years, therefore, he is acquainted with the works of Lambardari. It was also noticed that the lower Revenue Officers had recommended the candidature of petitioner for appointment as Lambardar.

7. On the other hand, the learned Collector’s order has been set aside by the learned Commissioner vide order dated 23.01.2008 (Annexure P-2) and respondent No.4 has been appointed as Lambardar, by observing reads as under:-

“I have considered the arguments advanced by the learned counsel for the parties and have gone through the record of the case. The record shows that the appellant is Matriculate, whereas the respondent is alleged to have passed 6th class examination but he has not produced any certificate to this effect. Moreover, as per report of Police Station Sadar, Mansa, a case FIR No.180 dated 07.07.1970 PS Mansa, under Section 9-1-78 OPM Act was registered against Shri Bahal Singh, respondent for keeping 15 kilogram green poppy husk, in which on his confession the JMIC, Mansa, fined him Rs.150/- or in default to undergo two months imprisonment. Further, he was also convicted under Section 29 of the Industrial Dispute Act 1947 by the Judicial Magistrate 1st Class, Mansa, vide his order dated 26.03.1987, and he was ordered to pay a fine of Rs. 200/- or in default to undergo simple imprisonment for one month. The respondent is also a defaulter of Punjab National Bank, Mansa, and the bank has got the land attached vide rapat No.50 dated 5.10.2001. Though, the respondent is owner of 4 Acres of land, but he has agreed to sell the land to Jarnail Singh son of Maghar Singh of Village Nakhatia now resident of Village Maan Beebrian vide Agreement to sell dated 02.06.2006. On the other hand,