Civil Writ Petition No. 11753 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 11753 of 2009 Date of Order: 07.07.2010 Dev Raj ....Petitioner Versus Financial Commissioner Appeals-II, Punjab, Chandigarh and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. B.S.Bali,Advocate for the petitioner. Mr. C.S.Brar, DAG, Punjab for respondents no.1 to 3. Mr. Jatinder Singla, Advocate for respondent No.4. RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 18.02.2009, passed by the Financial Commissioner Appeals-II, Punjab, Chandigarh, appointing respondent no.4 as the Harijan Lambardar of Village Tanda Ram Sahai, Tehsil Mukerian, District Hoshiarpur. Counsel for the parties are ad-idem that after reversing the order passed by the Collector, the Financial Commissioner should have remitted the matter to the Collector to decide the dispute regarding Lambardari. It is, therefore, prayed that the writ petition be partly allowed and the order passed by the Financial Commissioner be modified to the extent that the orders passed by the Collector and the Commissioner are set aside but the matter is remitted to the Civil Writ Petition No. 11753 of 2009 -2- Collector, Hoshiarpur to decide the dispute, with respect to Lambardari, afresh and in accordance with law. In view of the statement made by counsel for the parties, the writ petition is partly allowed, the order passed by the Financial Commissioner is partly modified, by setting aside the orders passed by the Collector and the Commissioner and remitting the matter to the Collector, Hoshiarpur, to decide the dispute with respect to the Harijan Lambardari of village Tanda Ram Sahai, Tehsil Mukerian, District Hoshiarpur,, afresh and in accordance with law, within three months from the receipt of a certified copy of this order. During the pendency of the proceedings before the Collector, Hoshiarpur, the duty of the Lambardar shall be performed by the person in whose favour the Sanad Lambardari subsists. Parties are directed to appear before the Collector, Hoshiarpur, on 30.08.2010. July 07, 2010 (RAJIVE BHALLA) nt JUDGE