CWP No.13656 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13656 of 2008 Date of decision:14.07.2010 Ishar Singh ...... Petitioner VERSUS State of Punjab through Secretary, Department of Revenue, Punjab Civil Secretariat, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.G.B.Gill, Advocate for Mr.P.S.Sekhon, Advocate the petitioner. Mr.C.S.Brar, DAG, Punjab for respondents no.1 and 2. Ms.Ravinder Kaur, Advocate for respondent no.3. ***** RAJIVE BHALLA.J (Oral) Prayer in this petition is to issue a writ in the nature of certiorari for quashing the orders dated 08.04.2008 and 11.06.2004, passed by the Financial Commissioner, Revenue, Punjab and the Commissioner (Appeals) Patiala Division, Patiala, setting aside the order dated 02.09.2003, passed by the District Collector, Roop Nagar. Counsel for the petitioner submits that the Financial Commissioner has not assigned any reason for remanding the case, to the Collector and directing him to issue a proclamation inviting fresh applications for appointment to the post of Lambardar. Counsel for respondent no.3 submits that she has instructions to state that respondent no.3 has no objection, if the order passed by the Financial Commissioner, is set aside and the matter is remitted to the Financial Commissioner, to decide the matter on merits afresh. CWP No.13656 of 2008 -2- Heard. While considering the dispute with respect to appointment of a Lambardar, the Financial Commissioner, set aside the orders passed by the Collector and the Commissioner, and directed the Collector to issue a proclamation inviting fresh applications. The operative part of the order passed by the Financial Commissioner, Revenue, Chandigarh, reads as follows: - “I have heard the counsel for both the parties and carefully gone through the record of this case. I am of the considered opinion that for a wider choice it is fit case for remand to District Collector for fresh proclamation, inviting fresh application. A perusal of the impugned order discloses that the Financial Commissioner has not assigned any reason for directing the Collector to issue a proclamation inviting fresh applications. The Financial Commissioner was required to decide the dispute on merits but instead chose to remit the matter to the District Collector, but without assigning any reason. In this view of the matter, the writ petition is allowed, the order dated 08.04.2008 is set aside and the matter is remitted to the Financial Commissioner, Revenue, Punjab, to decide the revision afresh and in accordance with law within three months from receipt of a certified copy of this order. 14.07.2010 [RAJIVE BHALLA] shamsher JUDGE