Singh Vs. Shamsher Singh & Ors  INSC 208 (7 April 1998)
Nanavati, S.P. Kurdukar Nanavati, J.
7TH DAY OF AUGUST, 1998 Present Hon'ble Mr. Justice G.T. Nanavati Hon'ble Mr.
Justice S.P. Kurdukar S.N. Mehta, Adv. for the appellant Pallav Sisodia, Altaf Hussain,
Dr. K.P.S. Dalal, Dr. K.S. Chauhan, Advs. for the Respondents
following Judgment of the Court was delivered:
learned counsel for the parties.
appellant - Khazan Singh was appointed as a Lambardar by the Collector of Jind
by his order dated 17.12.90. That order was challenged by one Tek Chand before
the Commissioner, Hissar Division. the Commissioner without setting aside the
order of the Collector remanded the matter to him for fresh consideration of
merits and demerits of Khazan Singh and Tek Chand. This order of remand was
challenged by Khazan Singh by filing an appeal before the Financial
Commissioner, Haryana. He disposed of the appeal by declaring that the order
passed by the Collector has become final and by observing that the proceedings
have become infructuous as a result of death of Tek Chand.
by that order, Shamsher Singh, son of Tek Chand filed a Writ Petition in the
High Court of Punjab and Haryana. It disposed of the petition by remanding the
case to the Collector and directing the Collector to permit Khazan Singh to
continue as Lambardar till a fresh decision is taken by him as to who should be
appointed as the Lambardar. The High Court also directed the Collector to
invite fresh applications from other interested persons before deciding who
should be appointed as the Lambardar.
by the order passed by the High Court, Khazan Singh has filed this appeal. It
was submitted by the learned counsel for the appellant that the Collector's
order appointing the appellant having become final as it was not set aside by
any of the appellate authorities, no direction could have been given to the
Collector to invite fresh applications and decide who should be appointed as the
lambardar. In our opinion, this contention deserves to be accepted. Even the
learned counsel for the respondent conceded that so long as the appointment of Khazan
Singh as Lambardar is not cancelled, it is not permissible to invite fresh
applications. As the order passed by the High Court is not sustainable, it has
to be set aside. We, therefore, allow this appeal, set aside the order passed
by the High Court and remit the matter to the Financial Commissioner, Haryana,
to decide the appeal afresh as the question whether the cause of action
survived or not was required to be decided before closing the proceedings. It
will be open to Shamsher Singh to apply to the Commissioner to join as a
respondent in the said appeal and contend that it is open to him to challenge
the appointment of Khazan Singh as Lambardar. It will be open to Khazan Singh
to raise all the contentions which are permissible in law.
appeal is allowed accordingly.
order as to costs.