CWP No.13152 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.13152 of 2008 Date of Decision: 8.12.2010 Balwiner Singh .....Petitioner Vs. State of Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Deepak Sibal, Advocate for the petitioner. Ms. Anupal, AAG, Punjab, for respondents no.1 to 4. Mr.S.S. Swaich, Advocate for respondent no.5. .... RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 29.5.2008 and 12.4.2007, passed by the Financial Commissioner, Appeals-I, Punjab and the Deputy Commissioner, Ferozepur.. Counsel for the parties have arrived at a consensus that as merits of parties referred to by the Collector while appointing respondent no.5 as the Lambardar are more or less similar, the matter would require reconsideration by the Financial Commissioner, so as to determine whether the discretion exercised by the Collector is legal and valid. In view of the statements made by counsel for the parties, the writ petition is partly allowed, the order dated 29.5.2008 is set aside and the matter is remitted to the Financial Commissioner, Appeals-I, Punjab, to CWP No.13152 of 2008 2 decide the appeal filed by respondent no.5, afresh and in accordance with law. Parties would be at liberty to refer to any other relevant factors that may have been produced before the Collector but have not been considered by the Collector, while selecting respondent no.5. Parties are directed to appear before the Financial Commissioner, Appeals-I, Punjab, on 27.1.2011, who shall decide the revision afresh, within three months from the date of receipt of a certified copy of this order. During pendency of proceedings before the Financial Commissioner, Appeals-I, Punjab, respondent no.5 shall continue to discharge the duties of the Lambardar. 8.12.2010 (RAJIVE BHALLA) GS JUDGE