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HARSIMRAN SINGH SETHI, J. (ORAL) –

CM-156-LPA-2026

This is an application under Section 5 of the Limitation Act read with Section 151 CPC for condonation of delay of 77 days in filing the appeal.

Keeping in view the facts mentioned in the application, the same is allowed and the delay of 77 days in filing the appeal is condoned.

LPA-53-2026 (O&M)

1. In the present appeal, the challenge is to the order dated 08.07.2025 passed in CWP-9303-2025 by the learned Single Judge by which, the writ petition filed by the appellant for setting aside the order dated 31.01.2020 passed by the Commissioner, Rupnagar Division, Rupnagar and the order dated 30.05.2024 passed by the Financial Commissioner (Appeals) Punjab, has been dismissed.

2. The learned counsel for the appellant argues that the only prejudice which may be caused to the appellant is that once the case has been remanded back to the Collector by the Divisional Commissioner and upheld by the Financial Commissioner for fresh adjudication, the observations which have been made by the authorities as well as by the learned Single Judge will cause prejudice to the appellant upon reconsideration for appointment to post of Lambardar. Hence, the Collector be directed to evaluate the candidature of both the parties with open mind without being influenced by any observation made in the order remanding the case back to the Collector or by the learned Single Judge.

3. It goes without saying that once the case has been remanded back, the Collector will decide as to who is the best candidate for the appointment to the post of Lambardar on the basis of the facts before him without being influenced by any observation made either by the revenue authorities or by this Court.

4. Disposed of accordingly.

5. Pending applications, if any, also stand disposed of.

Order accordingly.

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