1998 INSC 0576
                                                    Khazan Singh

                                                           Vs

                                            Shamsher Singh and Others

                                          Civil Appeal No. 3674 of 1998

                                        (G. T. Nanavati, S. P.Kurdukar JJ)

                                                      07.08.1998

                                                     JUDGMENT

NANAVATI, J. ­

1. Leave granted.

2. Heard learned counsel for the parties.

3. The appellant Khazan Singh was appointed as a Lambardar by the Collector of Jind by his order
dated 17-12-1990. 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 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.

4. Aggrieved 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.

5. Aggrieved 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 contended 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.
6. This appeal is allowed accordingly.
7. No order as to costs.