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2014 DIGILAW 763 (PNJ)

Kulwinder Singh v. Financial Commissioner, Haryana

2014-05-01

FATEH DEEP SINGH, HEMANT GUPTA

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JUDGMENT Mr. Hemant Gupta, J. (Oral):- The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by the learned Single Bench of this Court on 21.12.2013 whereby writ petition filed by the appellant challenging the appointment of respondent No.4 as Lambardar of village Kalanaur Kalan was dismissed. 2. The Collector appointed Jagan Nath-respondent No.4 as Lambardar in the General Category. The appeal against the said order was dismissed by the Commissioner on 18.05.2011 and later by the Financial Commissioner on 11.03.2013. The writ petition has also been dismissed. The learned Single Judge has recorded that respondent No.4 is 44 years of age, Matriculate, Diploma holder in Stenography and Office Management, he also has agricultural land in Kalanaur Kalan and Kalanaur Khurd measuring 44 Kanals 13 Marlas, 21 villagers have supported him and he has worked for 16 years as Sarbarah Lambardar without any complaint. 3. Learned counsel for the appellant has vehemently argued that the post of Lambardar is for Kalanaur Kalan but the respondent No.4 is resident of Kalanaur Khurd and that he has evaded payment of stamp duty in one of the sale deeds. 4. We do not find any merit in the argument raised. The respondent No.4 owns land in both villages Kalanaur Kalan and Kalanaur Khurd. Both the estates are adjacent to each other. The evasion of stamp duty, said to be on a sale deed, is subsequent to the order of learned Commissioner and there is no reference to such sale deed before any of the authorities. The appellant cannot be permitted to raise such an argument for the first time before the Letters Patent Bench. 5. We do not find any error in the orders passed by the learned Single Bench which may warrant interference in exercise of the intra-Court appeal jurisdiction. 6. Dismissed. ---------0.B.S.0------------