IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.11708 of 2009 DATE OF DECISION : APRIL 20, 2011 HARDEV SINGH ....... PETITIONER(S) VERSUS FINANCIAL COMMISSIONER (APPEALS-I), PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. GL Bajaj, Advocate, for the petitioner(s). Mr. A.K. Sharma, Addl.AG, Punjab. Mr. Navdeep Monga, Advocate, for respondent No.4. AJAI LAMBA, J. (Oral) 1 This petition has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 6.8.2008 (Annexure P-2), passed by District Collector, Mansa, order dated 25.2.2009 (Annexure P-3), passed by Commissioner, Faridkot Division, Faridkot and order dated 22.4.2009 (Annexure P-4), passed by Financial Commissioner (Appeals-I), Punjab. 2 Vide order (Annexure P-2), the Collector dismissed the petitioner from the post of Lambardar for Village Barnala, Tehsil and District Mansa. The order has been upheld by the appellate authority viz. Commissioner, vide order (Annexure P-3). The revision filed by the petitioner has been dismissed vide order (Annexure P-4), passed by the Financial Commissioner. 3 Essentially, the petitioner has been dismissed from the Civil Writ Petition No.11708 of 2009 2 post of Lambardar on the ground that the petitioner was found in unauthorized possession of panchayat land. 4 Learned counsel for the petitioner contends that there is no positive finding to the effect that the petitioner is in unauthorized occupation of gram panchayat land and, therefore, the impugned orders are liable to be quashed. 5 I have considered the contention of learned counsel for the petitioner. 6 A perusal of order (Annexure P-2), passed by the Collector, indicates that the order is based on an inquiry report furnished by Sub Divisional Magistrate, Mansa. On inquiry, the petitioner has been found to be in unauthorized occupation of panchayat land. 7 Even in reply filed on behalf of respondents No.1 to 3, in para-4 (on merits), it has been stated by the official respondents in the following terms (relevant portion) :- “4. That the Para No.4 of the petition is wrong hence denied. The respondent No.4 filed an application that petitioner has occupied the land belonging to Panchayat. Vide office letter No.2371 dt. 18.12.2007, the B.D.O., Mansa directed him to vacate unauthorized possession by 25.12.2007 but he did not vacate. The respondent No.4 further stated that on the basis of unauthorized possession on Panchayat land by petitioner, other villagers have encroaching public places of Gram Panchayat. An enquiry was conducted by the Sub Divisional Magistrate, Mansa and the allegations against petitioner were proved. Therefore, show cause notice was served in the larger interest of the Panchayat Civil Writ Petition No.11708 of 2009 3 being the custodian of all such lands, to the petitioner. ........” 8 Considering the stand of the official respondents, it transpires that the authorities gave a notice to the petitioner to vacate unauthorized possession of land. The petitioner, however, did not do the needful. 9 The facts, as stated in the written statement, have not been controverted by way of filing a replication. 10 Considering the facts and circumstances of the case, I am of the considered opinion that the impugned orders have been passed after taking into account the relevant material. The petitioner has been found to be in unauthorized occupation of gram panchayat land. Rule 20 of the Punjab Land Revenue Rules requires a Lambardar/Headman to report unauthorized occupation of the residents in the estate. However, in this case, the Lambardar himself has been found to be in unauthorized occupation of land. In such circumstances, I find that the authorities have exercised their jurisdiction for the right reasons. 11 No case for judicial review in extra ordinary writ jurisdiction is made out. 12 The petition is, accordingly, dismissed. April 20, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?