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Judgment
Rajive Bhalla, J.
1 Prayer in this petition is for issuance of a writ in the nature of certiori for quashing the orders dated 14.10.2003 and 04.11.2004, passed by the Collector, Rupnagar and the Financial Commissioner, AppealsII, Punjab, Chandigarh, directing the appointment of Nahar Singh, respondent No. 4 as the Lambardar.
2 Counsel for the parties are adidem that in view of a Division Bench judgment reported as Karnail Singh v. State of Haryana, 1973, P.L.J., 676 and a Single Bench judgment reported as Bhagwan Singh v. Financial Commissioner AppealsI, Punjab, Chandigarh, 2008(4) R.C.R 862, the Collector and the Financial Commissioner could not have appointed Nahar Singh, respondent No. 4 as the Lambardar, on the basis of his hereditary claim. It is, therefore, prayed that instead of remitting the matter to the Collector, the Financial Commissioner AppealsII, Punjab, may be directed to decide the revision afresh, by ignoring the hereditary claim.
3 Without expressing any opinion on the merits of the case, but in view of the consensus between the parties, the order dated 04.11.2004 is set aside and the matter is remitted to the Financial Commissioner AppealsII, Punjab, to decide the revision afresh by disregarding the hereditary claim of Nahar Singh, respondent No. 4.
4 Parties are directed to appear before the Financial Commissioner Appeals II, Punjab, on 25.05.2010, who shall decide the revision petition within three months