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(2022) Law Today Live Doc. Id. 17151 = 2022(2) L.A.R. 641
Decided on: 27.10.2022
Present:
Mr. Manish Kumar Singla, Advocate, for the petitioner.
Mr. Gurvinder Singh, AAG, Punjab.
None for respondent No.6.
Punjab Land Revenue Rules, Rule 15 – Constitution of India, Article 226 -- Appointment of Lambardar – Collusive proclamation – Writ jurisdiction -- Merely because one of the applicants was the father of the petitioner collusion cannot be inferred -- Two other candidates had also applied and there is no evidence that either of them was closely related to the petitioner – Petitioner was appointed as Lambardar by Collector, upset by Commissioner and Financial Commissioner – Writ allowed, impugned orders set quashed and appointment of the petitioner as Lambardar is upheld.
(Para 2-5)
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SUDHIR MITTAL, J. (ORAL) –
1. After perusal of the record, learned State counsel submits that proclamation was issued before inviting applications for the post of Lambardar.
2. The petitioner had been appointed Lambardar by the Collector, which order was set aside in appeal filed by respondent No.6. The revision filed by the petitioner has been dismissed and thus, the present writ petition has been filed.
3. A perusal of the order of the Commissioner as well as the Financial Commissioner show that a finding has been returned that the proclamation was collusive. Collusion has been inferred as one of the candidates who had applied was the father of the petitioner.
4. The record shows that in fact proclamation was conducted and merely because one of the applicants was the father of the petitioner collusion cannot be inferred. Two other candidates had also applied and there is no evidence that either of them was closely related to the petitioner.
5. Thus, the writ petition is allowed. Impugned orders dated 27.02.2017 (Annexure P-13) and 02.11.2016 (Annexure P-11) are quashed and appointment of the petitioner as Lambardar is upheld.
Petition allowed.
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