CWP No.15171 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.15171 of 2007 Date of Decision: 23.2.2010 Didar Singh .....Petitioner Vs. Financial Commissioner, Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.P.S. Dhaliwal, Advocate for the petitioner. Mr. S.S. Sahu, AAG, Punjab for respondents no.1 to 3. Mr. Ajay Pal Singh, Advocate for respondent no.4. .... RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 21.10.2003 and 5.9.2007, passed by the Collector, Sangrur and the Financial Commissioner, Animal Husbandry, Punjab, Chandigarh, directing the appointment of Ranjit Singh, respondent no.4, as the Lambardar. I have heard counsel for the parties and am of the considered opinion that the writ petition can be decided on a short question, namely: the failure of the Financial Commissioner to exercise jurisdiction in accordance with law. Upon the death of Ram Singh, the Lambardar, the Collector invited applications from interested candidates. The petitioner, respondent CWP No.15171 of 2007 2 no.4 and other candidates applied for selection. The Collector after considering the respective merits, directed the appointment of respondent no.4. In an appeal filed by the petitioner, the Commissioner set aside the appointment of respondent no.4, by holding that as he is in unauthorised occupation of the land belonging to the panchayat, he cannot be appointed as the Lambardar. Aggrieved by this order, respondent no.4 filed a revision before the Financial Commissioner, Animal Husbandry, Punjab, Chandigarh. A perusal of the order passed by the Financial Commissioner discloses an abject failure on his part, to deal with or advert to the finding, recorded by the Commissioner, respondent no.4 cannot be appointed as the Lambardar, as he is in illegal occupation of the panchayat property. The Financial Commissioner was required, in the exercise of his revisional jurisdiction, to advert to and deal with the order passed by the Commissioner in its entirety. As a consequence but without expressing any opinion on the merits of the claims raised by the petitioner and the private respondent, the writ petition is allowed, the order dated 5.9.2007 is set aside and the matter is remitted to the court of Financial Commissioner, to decide the matter afresh and in accordance with law, after affording an opportunity of hearing to all parties concerned, particularly with respect to the allegation that respondent no.4 is in unauthorised occupation of panchayat property. Parties are directed to appear before the Financial Commissioner, Animal Husbandry, Punjab, Chandigarh on 22.3.2010. The Financial Commissioner shall decide the revision petition, within a period of three months from the date of receipt of a certified copy of this order. If the petitioner is working as the Lambardar, he shall continue to work as CWP No.15171 of 2007 3 such, till the decision of the revision petition. 23.2.2010 (RAJIVE BHALLA) GS JUDGE