JUDGMENT :

HARSH BUNGER, J.

This order shall dispose of two writ petitions, i.e., CWP-16772-2023 and CWP-16893-2023 and for the purpose of passing this order, the facts are being taken from CWP-16772-2023.

2. Prayer in the present writ petition filed under Articles 226 and 227 of the Constitution of India is for issuance of a writ in the nature of nature of Certiorari for setting aside the order dated 06.07.2023 (Annexure P-11) passed by the learned Financial Commissioner (Appeals), Punjab.

3. Briefly, upon demise of Shri Ajit Singh, previous Lambardar of village Bhoje Majra, Tehsil Sri Chamkaur Sahib, District Rupnagar, proceedings were initiated for filling up the said vacancy, wherein the present petitioner-Swaran Singh and respondent No.4-Sukhwinder Singh were also the candidates.

4. The learned Tehsildar, Sri Chamkaur Sahib, recommended the candidature of Sukhwinder Singh (respondent No.4) whereas learned Sub-Divisional Magistrate, Sri Chamkaur Sahib, recommended the candidature of petitioner-Shri Swaran Singh for appointment to the aforesaid vacancy and after initial round of litigation when the matter was remanded back by the learned Commissioner, vide his order dated 24.09.2019, the matter was again taken up by the learned Collector, Rupnagar, who vide order dated 18.11.2020 (Annexure P-9), appointed petitioner-Swaran Singh as the Lambardar of village Bhoje Majra, Tehsil Sri Chamkaur Sahib.

5. Feeling aggrieved against the order of learned Collector, respondent No.4-Sukhwinder Singh, preferred an appeal before the learned Commissioner, Rupnagar, Division Rupnagar, which was dismissed vide order dated 17.12.2021 (Annexure P-10).

6. Still aggrieved, respondent No.4-Sukhwinder Singh preferred a revision petition before the learned Financial Commissioner (Appeals), Punjab, which has been allowed vide order dated 06.07.2023 (Annexure P-11), whereby the order passed by the learned Collector as well as the learned Commissioner has been set aside and the earlier order dated 30.04.2018 passed by learned Collector, Rupnagar, appointing respondent No.4-Sukhwinder Singh as the Lambardar has been maintained.

7. In the aforementioned circumstances, the present writ petitions have been filed before this Court seeking relief as noticed above.

8. Heard.

9. The operative part of the order dated 06.07.2023 (Annexure P-11), reads as under:-

“I have heard counsels for both the parties and perused the record as well as orders of the Courts below. In the present case, after the death of previous lambardar Ajit Singh a post of lambardar fell vacant in village Bhojemajra, Tehsil Sri Chamkaur Sahib, District Rupnagar Process was initiated by the District Collector to fill up the said post. After considering the merits of the contesting candidates the District Collector, Rupnagar vide order dated 30.04.2018 appointed the petitioner Sukhwinder Singh as new lambardar of the village being more suitable and readily available candidate as compares to respondent Swaran Singh and other contesting candidates. After considering the contentions of both candidates, I am of the view that the respondent Swaran Singh is not readily available candidate for the post of lambardar as he is Govt. Teacher. The District Collector, Rupnagar vide his order dated 30.04.2018 mentioned that the respondent Swaran Singh is a Government School Teacher whose working hours are 8.00 AM to 3.00 PM due to which he will not be available for the village people always and apart from it all the candidates were called on dated 17.01.2018 for hearing by Tehsildar Sri Chamkaur Sahib through summons vide letter no. 27 dated 09.01.2018 in which the report has come that candidate Swaran Singh is not residing in village Bhojemajra, from this it is clear that Swaran Singh is not having any residence in village Bhojemajra, whereas the petitioner Sukhwinder Singh is permanently Resident of village and is readily available candidate. A Division Bench of Hon'ble Punjab and Haryana High court in a case tit