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HARSH BUNGER, J. (ORAL) –

CM-5230-CWP-2025

This is an application for placing on record grounds of revision and written submissions filed before learned Financial Commissioner as Annexures P-6 and P-7.

For the reasons mentioned in the application, the same is allowed and the grounds of revision and written submissions filed before learned Financial Commissioner as Annexures P-6 and P-7 are taken on record, subject to all just exceptions.

Application stands disposed of accordingly.

CWP-7172-2025 (O&M)

Petitioner (Kirpal Kaur) has filed the instant Writ Petition under Articles 226/227 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for setting aside order dated 05.09.2017 (Annexure P-1) passed by the learned Collector, Hoshiarpur, whereby respondent No.4 (Ram Kumar) has been appointed as the lambardar of Village Kunt.

A further prayer has been made for setting aside order dated 13.07.2021 (Annexure P-3) passed by the learned Commissioner, Jalandhar Division, Jalandhar and order dated 26.02.2024 (Annexure P-4) passed by the learned Financial Commissioner, Punjab, whereby an appeal and revision filed by the petitioner were dismissed respectively.

2. Briefly, on demise of Sh. Harjit Singh, previous lambardar of Village Kunt, Tehsil and District Hoshiarpur, proceedings were initiated for filling up the vacancy, wherein petitioner- Kirpal Kaur and respondent No.4- Ram Kumar were the candidates.

2.1 The Tehsildar as well as the Sub Divisional Magistrate, Hoshiarpur recommended the candidature of the petitioner- Kirpal Kaur for appointment to the aforesaid vacancy and forwarded the matter to the learned Collector, Hoshiarpur.

2.2 Learned Collector, Hoshiarpur upon consideration of the relative merits and de merits of the candidates, appointed respondent No.4-Ram Kumar as the lambardar of Village Kunt vide impugned order dated 05.09.2017 (Annexure P-1).

2.3 Being dissatisfied, petitioner- Kirpal Kaur preferred an appeal against the Collector’s order which came to be dismissed by the learned Commissioner, Jalandhar Division, Jalandhar vide order dated 13.07.2021 (Annexure P-3). A further revision (ROR No.822 of 2021) filed by the petitioner was also dismissed by the learned Financial Commissioner (Appeals) Punjab vide order dated 26.02.2024 (Annexure P-4).

3. In the aforementioned circumstances, the petitioner has filed the instant Writ Petition before this Court for the reliefs as noticed above.

4. Heard.

5. In the instant case, respondent No.4- Ram Kumar was appointed as the lambardar of Village Kunt, Tehsil and District Hoshiarpur by the learned Collector. The said appointment has been further affirmed by the learned Commissioner as well as the learned Financial Commissioner.

6. A perusal of the impugned orders would reveal that respondent No.4- Ram Kumar is younger in age than the petitioner- Kirpal Kaur and has studied up to 10+2 along with an ITI diploma and he also owns 28 kanals of land in the Village Kunt and is an agriculturist.

7. It is well settled that in the matter of appointment of the lambardar age of a candidate is a relevant consideration and also the choice of the learned Collector is not to be lightly interfered with even if two views are possible unless there is patent illegality or perversity therein.

8. Upon considering the totality of circumstances, I find no illegality or perversity in the orders passed by the Revenue Authorities below, accordingly, the instant writ petition fails and the same is accordingly dismissed.

9. All pending application(s), if any, shall also stand closed.

Petition dismissed.

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