The Collector's choice of Lambardar is final and cannot be lightly interfered with unless there is perversity or illegality in the order.

CWP-2012-2020

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(103)

CWP-2012-2020

Date of decision: - 10.01.2023

Mohammad Iqbal

....Petitioner

Versus

Financial Commissioner, Department of Revenue Haryana and

others

.....Respondents

CORAM : HON'BLE MR. JUSTICE VIKAS BAHL

Present:-

Mr. Nafeesh Ahmed, Advocate,

for the petitioner.

Ms. Upasana Dhawan, AAG, Haryana.

****

VIKAS BAHL, J. (ORAL)

This writ petition has been filed under Articles 226/227 of

the Constitution of India for issuance of a writ of certiorari/mandamus for

quashing the impugned order dated 06.05.2013 passed by the Assistant

Collector 1^st Class, Nuh (Annexure P-2); order dated 16.07.2013

(Annexure P-8), passed by the Collector Mewat, Nuh; order dated

21.08.2014 (Annexure P-12), passed by the Commissioner Gurgaon as

well as order dated 22.05.2017 (Annexure P-14) passed by the Financial

Commissioner, Haryana, with a further prayer to appoint the petitioner as

Lambardar of village Chahalka, Tehsil Tauru, District Nuh (Mewat),

Haryana.

The brief facts of the present case are that after the death of

grandfather of the petitioner, namely, Hussain Khan, Lambardar of the

NARESH KUMAR

2023.01.17 14:34

I attest to the accuracy and

authenticity of this

order/judgement

CWP-2012-2020

-2-

village Chahalka, the process for filling up the post of Lambardar was

initiated and munadi was conducted. In pursuance of the same, nine

persons including the present petitioner as well as respondent No.5-

Nishar Ahmed and respondent No.6-Khurshid had filed their

applications for the post. One of the candidates, namely, Nafees Ahmed

had withdrawn his candidature in favour of respondent No.5-Nishar

Ahmed. Certain candidates did not appear before the Assistant Collector,

2^nd Grade, Tauru, thus, exparte proceedings were initiated and only four

candidates were ultimately in the running for the post of Lambardar. The

said four candidates included the present petitioner, respondents No.5 and

6 and one Jamshed. The Collector, after considering the merits and

demerits of the candidates, appointed respondent No.5 as the new

Lambardar. While passing order dated 16.07.2013 (Annexure P-8), it was

observed that respondent No.5 was the best candidate, inasmuch as,

respondent No.5 was a graduate and he possessed the degree of B.A. and

had studied Urdu till 12^th class and was more educated than the other

candidates including the present petitioner, who had only passed class

10^th and further, respondent No.4 also owned land measuring 43 kanals

and 1 marla and being a social worker, had built a water tank in the high

school of village Sundh and had also installed a hand-pump and was

given certificates of appreciation by the Aaganwadi Department,

Education Department, Animal Husbandry Department, Mining

Department and the Agriculture Department. It had also been observed

that as many as 23 persons had supported the candidature of respondent

No.5 and 34 persons had given separate appreciation certificates in favour

NARESH KUMAR

2023.01.17 14:34

I attest to the accuracy and

authenticity of this

order/judgement

CWP-2012-2020

-3-

of respondent No.5. In addition to the above, it was also found that

respondent No.5 was financially well off and apart from the land

measuring 43 kanals and 1 marla owned by him, he also had deposits of

Rs.2,16,000/- in small savings account, which was more than the other

candidates. The statement of respondent No.5, in which it was mentioned

that respondent No.5, in addition to the above, also had two plots of 575

sq. yards in the town of Tauru and a land measuring 304 square yards in

Town Punhana and a concrete house and the fact that he was

recommended by the Assistant Collector, Grade I, Nuh, vide order dated

06.05.2013 (Annexure P-2), was also taken into consideration.

Respondent No.6-Khurshid and the present petitioner challenged the said

order of the Collector by f