Civil Writ Petition No. 8197 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) Civil Writ Petition No. 8197 of 2010 Date of Order: 03.08.2010 Hardev Guru ....Petitioner Versus Financial Commissioner, Cooperation, Punjab, Chandiagrh and others ..Respondents (2) Civil Writ Petition No. 8765 of 2010 Date of Order: 03.08.2010 Ram Saran ....Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.R.S.Chauhan ,Advocate for the petitioner in CWP No.8197 of 2010 and for respondent no.5 in CWP No.8765 of 2010. Mr. C.S.Brar, DAG, Punjab for respondents no.1 and 2 in CWP No.8197 of 2010 and for respondents no.1 to 4 in CWP No.8765 of 2010 Mr. Dhirinder Chopra, Advocate for the petitioner in CWP No.8765 of 2010 and for respondent No.3 in CWP No.8197 of 2010 RAJIVE BHALLA, J (Oral). This order shall dispose of C.W.P.Nos. 8197 and 8765 of 2010 as they involve adjudication of identical points. For the sake of convenience, facts are being taken from CWP No.8197 of 2010. Civil Writ Petition No. 8197 of 2010 -2- The District Collector appointed respondent no.3 as the Lambardar. The Commissioner set aside this order and directed appointment of the petitioner. The Financial Commissioner set aside the order passed by the District Collector and the Commissioner and directed the Collector to initiate a fresh process for appointment of the Lambardar. Counsel for the petitioner submits that the Financial Commissioner should have decided the matter for or against the parties, instead of remitting the matter to the Collector, for inviting fresh applications.. Counsel for private respondent no.3 supports the aforementioned argument but states that as the FIR was registered after the Sanad Lambardari was issued in favour of respondent no.3, it may be a ground for removal but can not be used to question the merits of respondent no.3. It is further submitted that even otherwise as the FIR has been cancelled, it is irrelevant. In view of the consensus between counsel for the parties, the writ petitions are allowed, the order dated 15.12.2006 is set aside and the matter is remitted to the Financial Commissioner, Cooperation, Punjab, Chandigarh, to decide the revisions afresh and in accordance with law, within three months from the receipt of a certified copy of this order. Parties are directed to appear before the Financial Commissioner, Cooperation, Punjab, Chandigarh, on 06.10.2010. August 3, 2010 (RAJIVE BHALLA) nt JUDGE Civil Writ Petition No. 8197 of 2010 -3- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 8765 of 2010 Date of Order: 03.08.2010 Ram Saran ....Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Dhirinder Chopra, Advocate for the petitioner Mr.R.S.Chauhan ,Advocate for respondent no.5 Mr. C.S.Brar, DAG, Punjab for respondents no.1 to 4 RAJIVE BHALLA, J (Oral). For orders, see Civil Writ Petition No.8197 of 2010 titled as Hardev Guru v. Financial Commissioner Co-operation, Punjab, Chandigarh, decided on even date. August 3, 2010 (RAJIVE BHALLA) nt JUDGE