JUDGMENT :

HARSH BUNGER J.

CM-3793-CWP-2026:

The present application has been filed under Order 9 Rule 9 read with Section 151 of the Code of Civil Procedure seeking restoration of the main case (CWP-16297-2023), which was dismissed for non-prosecution on 17.02.2026.

Notice of the application.

Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab as well as Mr. V.P. Arora, Advocate, appear and accept notice on behalf of the non-applicants/respondents-State and respondent No.4, respectively and raise no objection in case prayer made in the instant application is accepted.

Keeping in view the reasons mentioned in the application and having no objections from learned counsel for the non-applicant/respondents-State as well as learned counsel for respondent No.4, the present application is allowed and the main case (CWP-16297-2023) is restored to its original number and status and is taken up for hearing today itself.

CWP-16297-2023:

Prayer in the present writ petition filed 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 11.05.2017 (Annexure P-3) passed by the learned Collector Kapurthala, whereby respondent No.4 (Jatinder Singh) was appointed as Lambardar of Village Ladhewali, Tehsil and District Kapurthala.

1.1 A further prayer has been made for setting aside the order dated 27.03.2023 (Annexure P-8) passed by the learned Financial Commissioner (Appeals), Punjab, whereby an appeal preferred by respondent No.4 against an order dated 04.02.2019 (Annexure P-5) passed by the learned Commissioner, Jalandhar Division, Jalandhar, has been allowed.

2. Briefly, upon demise of Sh. Ujjagar Singh, previous Lambardar of Village Ladhewali, Tehsil and District Kapurthala, proceedings were initiated for filling up the vacancy, wherein three candidates namely Sh. Jatinder Singh (respondent No.4 herein), Balwinder Singh and Gulzar Singh, submitted their applications.

2.1 It is not disputed by learned counsel for the petitioner that the petitioner (Kuldeep Singh) did not apply for the post of Lambardar, within the stipulated time period; although he made an application subsequently. However, the learned Collector vide order dated 11.05.2017 (Annexure P-3), appointed respondent No.4 (Jatinder Singh) as the Lambardar of Village Ladhewali, Tehsil and District Kapurthala.

2.2 Feeling aggrieved against the order dated 11.05.2017 (Annexure P-3), petitioner (Kuldeep Singh) preferred an appeal before the learned Commissioner, Jalandhar Division, Jalandhar, which came to be decided vide order dated 04.02.2019 (Annexure P-5), whereby the matter was remanded to the learned Collector for making a fresh decision after carrying out afresh proclamation (Munadi) in the village for appointment of Lambardar.

2.3 Feeling aggrieved against the order dated 04.02.2019 (Annexure P-5), respondent No.4 (Jatinder Singh) preferred an appeal (ROA No.28 of 2019), which came to be allowed by learned Financial Commissioner vide order dated 27.03.2023 (Annexure P-8).

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

4. Heard.

5. Apparently, the petitioner did not apply for the post of Lambardar within the stipulated period. It has come on record that when the proceedings were pending before the learned Sub Divisional Magistrate, at that time, the petitioner submitted an application for considering his candidature for the post of Lambardar on the plea that no proclamation had been conducted in the village for the aforesaid post of Lambardar, whereupon the said issue was enquired into. However, it was found as a matter of fact that proclamation (Munadi) was duly carried out in the village and even the entry in the rapat roznamcha was duly recorded. The said plea has been duly considered by the learned Financial Commissioner in the order dated 27.03.2023 (Annexure P-8). The relevant extract of which reads as under:

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