JUDGMENT :

Harsh Bunger, J.

Prayer in the instant writ petition field under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Certiorari for setting aside the order dated 14.06.2012 (Annexure P-3) Passed by the learned Collector, Sri Muktsar Sahib; and also the order dated 04.11.2016 (Annexure P-5) passed by the learned Financial Commissioner (Appeals), Punjab.

2. Briefly, upon demise of Sh. Balwant Singh, Previous Lambardar of Village Dhul Kot, Tehsil Gidderbaha, District Sri Muktsar Sahib; proceedings for filling up the said vacancy were initiated and in the first round of litigation, the matter reached up to the level of the learned Financial Commissioner, who vide its order dated 02.03.2010 directed the learned Collector, Sri Muktsar Sahib to invite fresh applications after conducting fresh Mustri Munadi (Proclamation); whereupon, new applications were received, wherein petitioner (Teja Singh) and respondents No.4 to 10 were also the candidates.

2.1 It appears that learned Naib Tehsildar, Doda, recommended the candidature of respondent No.4 (Gurjant Singh); and learned Tehsildar, Gidderbaha, recommended the candidature of respondent No.5 (Makhan Singh), whereas, learned Sub Divisional Magistrate, Gidderbaha also recommended the candidature of respondent No.4 (Gurjant Singh) and placed the matter before the learned Collector, Sri Muktsar Sahib.

2.2 The learned Collector, Sri Muktsar Sahib after considering the relative merits and demerits of the candidates, found respondent No.4 (Gurjant Singh) as a suitable candidate and appointed him as a Lambardar of Village Dhul Kot, Tehsil Gidderbaha, District Sri Muktsar Sahib, vide order dated 14.06.2012 (Annexure P-3).

2.3 Feeling aggrieved against the aforesaid order dated 14.06.2012 (Annexure P-3), petitioner (Teja Singh) preferred an appeal before the learned Commissioner, Ferozepur Division, Ferozepur. Similarly, other candidates namely Makhan Singh (respondent No.5) and Gurdeep Singh @ Kuldeep Singh (respondent No.6) also preferred their separate appeals. All the aforesaid appeals came to be decided vide common order dated 09.01.2014 (Annexure P-4), whereby the order dated 14.06.2012 (Annexure P-3) passed by the learned Collector was set aside and the matter was remanded to the learned Collector for deciding the matter afresh.

2.4 Being dissatisfied with the aforesaid order dated 09.01.2014 (Annexure P-4), respondent No.4 (Gurjant Singh) preferred an appeal (ROA No.09 of 2014) before the learned Financial Commissioner (Appeals), Punjab, which came to be allowed vide order dated 04.11.2016 (Annexure P-5), whereby the order dated 09.01.2014 (Annexure P-4) passed by the learned Commissioner, Ferozepur Division, Ferozepur has been set aside and the order dated 14.06.2012 (Annexure P-3) passed by the learned Collector, Sri Muktsar Sahib, appointing respondent No.4 as the Lambardar has been maintained.

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

4. Learned counsel for the petitioner submits that the learned Financial Commissioner has erred in law and fact in setting aside the order dated 09.01.2014 (Annexure P-4) passed by the learned Commissioner, Ferozepur Division, Ferozepur, whereby the matter has been remanded to the learned Collector for fresh decision. It is submitted that the petitioner is more meritorious than respondent No.4 inasmuch as that he is younger in age than respondent No.4. It is submitted that respondent No.4 is in illegal possession of passage in the village and, therefore, he is not a fit candidate for appointment as the Lambardar.

5. Heard.

6. Apparently, respondent No.4 (Gurjant Singh) was appointed as the Lambardar by the learned Collector vide order dated 14.06.2012 (Annexure P-3). Learned Commissioner, Ferozepur Division, Ferozepur vide order dated 09.01.2014 (Annexure P-4) has set aside the learned Collector’s order primarily