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Judgment
PANKAJ JAIN, J. (Oral)
The present writ petition is directed against order passed by Financial Commissioner dated 09.01.2023, whereby the Financial Commissioner accepted the revision filed by the private respondents and remanded the matter back to be decided afresh by the Collector observing as under:-
“On perusal of the file, I find that a process to fill up the vacant-post of S.C. lambardar was initiated on the death of Sh. Ashwani Kumar, the previous lambardar of the village. A proclamation was made in the village and applications were invited from the interested candidates on or before 26.06.2017. It was made clear that after the expiry of the date, no application will be received. Thereafter, again mushtri muandi was done and applications were invited from the interested persons till 08.09.2017. In response to the mushtri munadi, 8 persons applied for the said post. The application of the petitioner Ajay Pal Singh was rejected on the ground that DINESH KUMAR it was received after due date i.e. on 10.10.2017. In this case, it is established that application of other person received at due date were considered. But, the application of the petitioner were rejected. If the application of persons can be received and considered after due date, then the application of the petitioner deserved to be considered. In this case, the petitioner has alleged that no proper munadi was done in the village and he has been illegally and wrong deprived of his valuable right. On perusal of the file, I also find some inconsistency in the order of conducting the mushtri munadi, which has resulted injustice to the claim of the petitioner. Thus, I am of the view that claim of the petitioner is required to be considered at the level of the District Collector.”
Mr. Chauhan would submit that the reasoning assigned by the Financial Commissioner regarding difference in mushtari munadi cannot be accepted. Eight persons applied for the post of Lambardar pursuant to mushtari munadi. There is nothing on record to show that the same was defective and thus, the order passed by Financial Commissioner (Appeals), Punjab is based upon wrong factual premises and the same cannot be sustained.
Per contra, Mr. Raj Kumar Garg, Advocate has drawn attention of this Court to report submitted by Tehsildar to the Collector prior to appointment of the petitioner as Lambardar dated 25.09.2017 (Annexure P-5) to submit that the Collector appointed the petitioner merely on the basis of his hereditary claim ignoring the fact that the petitioner is a habitual offender having 04 different FIRs registered against him.
I have heard counsel for the parties and have carefully gone through the records of the case.
Trite it is that the choice of the Collector need not be interfered with until and unless the same is found to be perverse. In the present case, report of the Tehsildar submitted to the Collector reads as under:-
“REPORT: According to office letter No. 94/Reader dated 17.1.2017 of District Collector, Hoshiarpur & Office Endst. No. 117/Reader dated 19.1.2017 of Sub Divisional Magistrate, Mukerian, it was directed to get conducted proclamation in village for appointment on the post of Nambardar, Village Taggarh Kalan and obtain the applications. Hence the proclamation accordingly got conducted in the village by the court of undersigned through field staff, while declaring that the person, who is interested in becoming Nambardar in the general category of village Taggarh Kalan, Hadbast No. 431, may submit his/her application by appearing in this court by 08.09.2017. As much as 08 applications received in this court within the stipulated period, as per detail given below:-
1.Sh.Rakesh Kumar son of Birbal;
2.Sh.Rakesh Kumar son of Shiv Ram;
3.Sh. Kewal Singh son of Panjab Singh;
4.Sh.Pawan Kumar son of Birbal;
5.Sh.Pardeep Kumar son of Ashwani Kumar;
6.Sh.Chander Mohan son of Bansi Lal;
7.Sh. Vikramjit Singh son of Shiv Ram;
8.Sh.Parshotam Singh son of Raghuvir Singh. Applications received from all candidates, residents of Village Taggarh Kalan, Tehsil Mukerian, District Hoshiarpur. The matter referred to local police for getting character verification of said candidates. Moreover, communication sent to field staff for providing Naksha nambardari. The candidates heard in person. Statements of candidates recorded. Detailed particulars as given as follows:-
1.Sh. Rakesh Kumar son of Sh.Birbal deposed in his statement that I am permanent resident of village Taggarh Kalan, having academic qualification of Matric. I am aged about 31 years. I can read & write Punjabi, Hindi & English language. I belong to Brahmin caste. As per naksha nambardari, I am having land measuring 40 Kanal 0 Marla, situated in village. I am agriculturist by profession. I have no connection with any Political party. As per report, submitted by Police Department, I am having good moral character.
2.Sh. Rakesh Kumar son of Sh.Shiv Ram deposed in his statement that I am permanent resident of village Taggarh Kalan, having academic qualification of 10+1. 1 am aged about 48 years. I can read & write Punjabi, Hindi & English language. I belong to Rajput caste. As per naksha nambardari, I am having land measuring 22 Kanal 4 Marla in village. I am running a provision store. I have no connection with any Political party. As per report, submitted by Police Department, I am having good moral character.
3.Sh. Kewal Singh son of Sh.Panjab Singh deposed in his statement that I am permanent resident of village Taggarh Kalan, having academic qualification of Matric. I am aged about 60 years. I can read & write Punjabi, Hindi & English language. 1 am agriculturist by profession. I belong to Rajput caste. As per naksha nambardari, I am having land measuring 5 Kanal 2 Marla in village. I have no connection with any Political party. As per report, submitted by Police Department, I am having good moral character.
4.Sh. Pawan Kumar son of Sh. Birbal deposed in his statement that I am permanent resident of village Taggarh Kalan, having academic qualification of Matriculation. I am aged about 48 years. I can read & write Punjabi, Hindi & English language. I belong to Brahmin caste. I am agriculturist by profession. As per naksha nambardari, I am having land measuring 42 Kanal 2 Marla in village. I have no connection with any Political party. As per report, submitted by Police Department, F.I.R. No. 91 dated 30.6.2010 U/s.420, 406, 409, 120-B IPC & F.I.R. No. 65 dated 23.5.2017 U/s.307, 323, 324, 506, 452, 148, 149 IPC are registered against him, which are pending for trial.
5.Sh. Pardeep Kumar son of Sh.Ashwani Kumar deposed in his statement that I am permanent resident of village Taggarh Kalan, having academic qualification of Matric. I am aged about 30 years. I can read & write Punjabi, Hindi & English language. I am having issued my Ration Card & Identity Card. I belong to Brahmin caste. I am son of deceased Nambardar Sh.Ashwani Kumar and thus, is fully aware about duties of Nambardar. I am agriculturist by profession. I have no connection with any Political party. As per naksha nambardari, I am having land measuring 16 Kanal 19 Marla in village. As per report, submitted by Police Department, F.I.R. No. 91 dated 30.6.2010 U/s.420, 406, 409, 120-B IPC was registered against him, which stands quashed on 16.3.2017. Moreover, an F.I.R. No. 65 dated 23.5.2017 U/s.307, 323, 324, 506, 452, 148, 149 IPC is registered against him, which is pending for trial. An F.I.R. No. 131 dated 4.9.2014 U/s. 345, Badkari Act Police Station Mukerian is registered against him, in which, he is acquitted on 24.2.2016. Moreover, F.I.R. No.236 U/s. 34, Arms Act Police Station Purana Shala is registered against him, which is reported Untraced on 20.3.2011.
6.Sh. Chander Mohan son of Sh. Bansi Lal deposed in his statement that I am permanent resident of village Taggarh Kalan, having academic qualification of Matric. I am aged about 40 years. I am R.M.P. and is in medical profession. I can read & write Punjabi, Hindi & English language. I belong to Brahmin caste. As per naksha nambardari, I am having land measuring 8 Kanal 11 Marla in village. I have no connection with any Political party. As per report, submitted by Police Department, I am having good moral character.
7.Sh. Vikramjit Singh son of Sh.Shiv Ram deposed in his statement that I am permanent resident of village Taggarh Kalan, having academic qualification of 10+2. I am aged about 34 years. I am agriculturist by profession. I can read & write Punjabi, Hindi & English language. 1 am fully aware with duties of Nambardar. I belong to Rajput caste. As per naksha nambardari, I am having land measuring 22 Kanal 2 Marla in village. I have no connection with any Political party. As per report, submitted by Police Department, I am having good moral character.
8.Sh. Parshotam Singh son of h. Raghuvir Singh deposed in his statement that I am permanent resident of village Taggarh Kalan, having academic qualification of 8th class pass. I am aged about 45 years. I am agriculturist by profession. I can read & write Punjabi, Hindi & English language. I am fully aware with duties of Nambardar. I belong to Rajput caste. As per naksha nambardari, I am having land measuring 12 Kanal 2 Marla in village. I have no connection with any Political party. As per report, submitted by Police Department, I am having good moral character.
Order No. 20 - village Taggarh Kalan, Hadbast No.431 as per proforma:
Age Caste Quallifi -cation Brahmin Matric Rajput 10+1 Rajput Matric Brahmin Matric Brahmin 10+2 Brahmin Matric Rajput 10+2 Rajput 8th class 12- The case file is duly examined. The candidates heard in person, from which, it reveals that Pardeep Kumar son of Ashwani Kumar is eligible candidate for the post of Nambardar in general category, as he is permanent resident of village Taggarh Kalan, Hadbast No.431, having academic qualification of Matric pass, can read & write Punjabi, Hindi & English languages. He is having issued Ration Card, Adhaar Card & I. Card. He is hale & hearty youngster. He is son of deceased Nambardar and is aware about duties of
Ex. Service man Relation with Ex. Nambardar Exper-icence Profes-sion Remarks No -- Aware about duties of Nambardar Agri-culturist No -- As usual Provision store No -- As usual Agri-culturist No -- Aware about duties of Nambardar Agri-culturist No son As usual -do- He is son of deceased Nambardar & has been working with his father, hence is aware about duties of Nambar-dar No -- As usual R.M.P. Doctor -- No -- As usual Agri-culturist -- No -- As usual Agri-culturist -- Nambardar. He is also having due interest in the duties of Nambardar. As per Naksha Nambardari, he is having land measuring 16 Kanal 19 Marla. Hence it is hereby recommended to appoint said Pardeep Kumar son of Sh.Ashwani Kumar as Nambardar, village Taggarh Kalan, Hadbast No.431. The candidates, came present in court, are hereby directed to appear in the court of Ld. Sub Divisional Magistrate, Mukerian on 13.10.2017 for further proceeding in the matter. Case file be consigned to higher court after due compliance.
Date: 25.9.2017 sd/-Tehsildar, Mukerian.”
Keeping in view the antecedents of the petitioner, this Court finds that the Collector erred in appointing the petitioner as Lambardar and no fault can be found with the order passed by Financial Commissioner remanding the matter to the Collector to be decided afresh.
In view of above, this Court finds no merit in the present writ petition. The same is ordered to be dismissed.