ORDER Karl Reddy, FC. - This is an appeal under Section 13 of the Punjab Land Revenue Act, 1887 seeking to set aside the order dated 12.2.2001 of the Commissioner, Jalandhar Division, Jalandhar, and to uphold the order dated 3.12.1999 of the District Collector, Hoshiarpur appointing Sohan Singh, petitioner as lambardar of village Chaura, Had Bast No. 135, Tehsil Garhshankar, district Hoshiarpur. 2. The Commissioner substituted her choice for that of the District Collector inter alia on the ground that Sohan Singh has encroached to the extent of 9 M upon khasra No. 178(1-8) which is Panchayat land. This finding is based on a report by a samiti patwari on a complaint marked to the B.D.P.O. for enquiry. The identity of the authority who asked the B.D.P.O. to conduct the enquiry is not apparent on the face of the record. The report has not been endorsed by the B.D.P.O. The patwari has recorded that Sohan Singh refused to appear when summoned by the chowkidar, and held him guilty in absentia. The reason for accepting a photostat copy of the report, and not insisting on production of the original, is also not evident on the face of the record. The khasra girdawari entries probably do not support the factum of encroachment as they have not been taken in evidence. The affidavit of Sohan Singh denying the alleged encroachment has not been dismissed by the Commissioner. 3. If the Commissioner felt it necessary to go into the factum of encroachment, she should either have taken evidence formally or referred the matter to the District Collector for recording a specific finding. It will be a sad day when people are hanged on the unsupported version of a patwari ignoring the recommendation of the District Collector. The revision is accepted and the impugned order of the Commissioner is set aside. To be communicated. Revision allowed.