IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 17402 of 2008
DATE OF DECISION : 01.10.2008
Lal Singh
.... PETITIONER
Versus
Financial Commissioner, Haryana and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Present: Mr. Jitender Dhanda, Advocate,
for the petitioner.
***
SATISH KUMAR MITTAL , J. ( Oral )
The petitioner, who was one of the candidates for the post of
Lambardar of Village Siwaha, Tehsil and District Jind, has filed this petition
under Articles 226/227 of the Constitution of India for quashing the order
dated 14.5.2008, passed by the Financial Commissioner, Haryana, whereby
the order of appointment of respondent No.4 as Lambardar has been upheld.
Collector, Jind, after taking the comparative merits of all the candidates
appointed respondent No.4 as Lambardar of the said village and the said
order has been upheld by the Commissioner, Hisar and the Financial
Commissioner, Haryana.
Counsel for the petitioner contends that the finding recorded by
CWP No. 17402 of 2008 -2-
the authorities that the petitioner was in illegal possession of the Gram
Panchayat land was only based upon a demarcation report submitted by the
Local Commissioner and no order of ejectment under section 7 of the
Punjab Village Common Lands (Regulation) Act, 1961 has been passed.
After hearing counsel for the petitioner, we do not find any
ground to interfere in the impugned order, as in our opinion, the observation
can also be made by the competent authority, while relying upon the
demarcation report and for that purpose, passing of the ejectment order is
not necessary.
Dismissed.
( SATISH KUMAR MITTAL )
JUDGE
October 01, 2008 ( NIRMALJIT KAUR )
ndj JUDGE