Punjab-Haryana High Court
Makhan Singh vs Financial Commissioner (Appeals-Ii) ... on 29 April, 2011
Author: Ajai Lamba
Bench: Ajai Lamba
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Writ Petition No.936 of 2009
DATE OF DECISION : APRIL 29, 2011
MAKHAN SINGH
....... PETITIONER(S)
VERSUS
FINANCIAL COMMISSIONER (APPEALS-II) PUNJAB & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Ravi Malhotra, Advocate, for the petitioner(s).
Ms. Sonu Chahal, Addl.AG, Punjab.
Mr. Arun Takhi, Advocate, for respondent No.4.
AJAI LAMBA, J. (Oral)
1 Financial Commissioner (Appeals-II), Punjab, vide order dated 20.8.2008 (Annexure P-3), accepted the revision petition filed by Balbir Singh-respondent No.4 on the ground that lambardari pertains to Village Aima Jattan, whereas ration card, electricity bill and voters' list published on 21.7.1999, indicate that the petitioner was ordinarily a resident of Village Possi. Further, the petitioner owned major portion of his property in Village Possi.
2 The other ground which has been taken into account by the Financial Commissioner and, in the opinion of this Court, is relevant, is that respondent No.4 is more educated being Pre- University pass, whereas the petitioner has studied up to 7th class Civil Writ Petition No.936 of 2009 2 only. On these two counts, the orders passed by the Commissioner and District Collector dated 26.12.2006 and 9.3.2006, Annexures P-2 and P-1, respectively, have been set aside and respondent No.4 has been directed to be appointed as Lambardar for Village Aima Jattan.
3 Learned counsel for the petitioner has raised a question of fact in regard to the residence of the petitioner. In the face of documents placed on record by respondent No.4 viz. electricity bill (Annexure R-4/1), telephone bill (Annexure R-4/2), certificate issued by Possi Co-operative Agricultural Services Society Limited, indicating the petitioner to be a resident of Village Possi (Annexure R-4/3), certificate issued by Gram Panchayat, Possi, showing the petitioner as resident of that Village (Annexure R-4/4) and ration card, showing the petitioner as resident of Village Possi (Annexure R-4/5), no interference in this regard is called for. Even voters' list has been placed on record as Annexure R-4/6.
4 Learned counsel for the petitioner contends that voters' list indicates that the petitioner was a registered voter for Village Aima Jattan.
5 I have considered the contention of the learned counsel for the petitioner, however, am unable to agree with the same.
6 A possible view has been taken by the Financial Commissioner, including on the issue of higher education of respondent No.4, and therefore, no ground for interference in extra ordinary writ jurisdiction is made out. Civil Writ Petition No.936 of 2009 3 7 No demerit in the claim of respondent No.4, so as to show him unsuitable to serve as Lambardar, has been shown and, therefore also, no ground for indulgence is made out. 8 The petition is, accordingly, dismissed.
April 29, 2011 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?