IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 21225 of 2008 Date of Decision: 18.12.2008 Jaspal Singh ....Petitioner Versus State of Punjab and another ...Respondents CORAM : Hon'ble Mr. Justice J.S. Khehar. Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. K.S. Boparai, Advocate for the petitioner. J.S. KHEHAR, J. (ORAL) The petitioner was appointed as Lambardar of Village Dollon Khurd, Tehsil Ludhiana (West), District Ludhiana, by the Collector, Ludhiana, vide his order dated 26-10-2006 (Annexure P-2). The selection of the petitioner as Lambardar was assailed by Sohan Singh-respondent No.2, before the Commissioner, Patiala Division, Patiala. One of the pleas raised before the Commissioner, Patiala Division, Patiala, was that the petitioner-Jaspal Singh could not be considered as an appropriate candidate for appointment as Lambardar on account of the fact that he was running a shop at Ludhiana. In order to require the appointing authority i.e. the Collector, Ludhiana to determine the factual aspect of the matter, the Commissioner, Patiala Division, Patiala, vide his order dated 27-11-2007 (Annexure P-3) accepted the appeal and remanded the matter back to the Collector, C.W.P. No. 21225 of 2008 -2- Ludhiana for re-determination. The order of remand passed by the Commissioner, Patiala Division, Patiala dated 27-11-2007 was impugned by the petitioner before the Financial Commissioner (Revenue) Punjab. The claim raised by the petitioner before the Financial Commissioner (Revenue) Punjab, was declined on 12-09-2008. In as much as, the revisional authority upheld the determination rendered by the Commissioner, Patiala Division, Patiala for the remand of the order, so that the claims of the rival parties could be considered appropriately specially on the issues, where the factual position was disputed. We have perused the impugned order dated 12-09-2008 (Annexure P-4) and are of the view that the same does not prejudice the claim of the petitioner. It will be open to the petitioner to raise all issues as he desires before the Collector, Ludhiana, to again substantiate his claim for appointment as Lambardar. In view of the above, we find no infirmity in the impugned order dated 12-09-2008 (Annexure P-4). The instant writ petition is, accordingly, dismissed. (J.S. KHEHAR) JUDGE (NIRMALJIT KAUR) December 18, 2008 JUDGE gurpreet