Civil Writ Petition No. 10517 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 10517 of 2010 Date of Order: 19.08.2010 Jimi Kand ....Petitioner Versus Financial Commissioner, Appeals-I, Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. S.S.Swaich,Advocate for the petitioner Mr. Vikas Mehsempuri, Advocate for the caveator-respondent no.4. RAJIVE BHALLA, J (Oral). Prayer in this petition is for issuance of a writ in the nature of certiorari for quashing the orders dated 18.03.2008, 03.03.2009 and 14.01.2010, passed by the Collector, Patiala, the Divisional Commissioner, Patiala Division, Patiala and the Financial Commissioner (Appeals-I), Punjab, respectively. Counsel for the petitioner submits that the authorities have failed to consider a criminal complaint and a complaint of encroachment of panchayat property pending against respondent no.4, while appointing him as the Lambardar. In addition, the authorities have failed to consider that the petitioner is younger in age and should, therefore, have been granted preference. I have heard counsel for the parties and perused the Civil Writ Petition No. 10517 of 2010 -2- impugned orders. As held by the Financial Commissioner, the petitioner has failed to produce any evidence of any complaint filed against respondent no.4 with respect to encroachment of panchayat property. Counsel for the caveator-respondent points out that the criminal complaint was filed during pendency of the proceedings and has been dismissed for non-prosecution on 20.04.2010. It is, therefore, apparent that the petitioner's plea of encroachment of panchayat property and the pendency of a criminal complaint cannot be considered. As regards the plea, that the petitioner is younger in age, suffice is to state that the petitioner is 38 years old whereas respondent no.4 is 47 years old and, therefore, the difference in age is insufficient to set aside the choice of the Collector, duly affirmed by the Commissioner and the Financial Commissioner. Dismissed. August 19, 2010 (RAJIVE BHALLA) nt JUDGE