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2003 DIGILAW 246 (PNJ)

Kartar Singh v. Balkar Singh

2003-02-10

KARL REDDY

body2003
ORDER Karl Reddy, FC. - This is petition under section 16 of the Punjab Land Revenue Act, 1887 seeking to revise the order dated 6.5.1999 of the District Collector, Ferozepore, and the order dated 31.1.2002 of the Commissioner, Ferozepore Division, Ferozepore in the matter of appointment of lambardar of v. Thatheran Wala, H.B. No. 182, tehsil Jalalabad, district Ferozepore. 2. Har Singh, the previous lambardar, died on 15.3.1997. The District Collector vide order dated 22.4.1998 directed that file for appointment of a successor be put up. The patwari reported vide No. 396 dated 5.6.1998 that proclamation inviting applications up to 12.6.1998 had been duly effected. It is not clear why only 7 days time was deemed sufficient. It is also not apparent whether the time limit was fixed by a competent authority or was left to the discretion of the lower Revenue officials. 3. It is the contention of the petitioner that the patwari who is a blood- relation of the respondent connived to ensure that proclamation was not effected at all. Consequently, the petitioner was unable to apply to in time. Applications were received from 5 candidates including the respondent who are related by blood or marriage to one another. 4 candidates later dropped out to clear the way for the respondent. The Tehsildar after due enquiry into the petitioners complaint had recommended that fresh proclamation be made. The recommendation of the Tehsildar was endorsed by the SDM. However, the District Collector went ahead with the selection. 4. The District Collector noted that the petitioner had made an application after the due date i.e. on 29.6.1998 to the Naib-Tehsildar. The petitioner did not allege therein i.e. at the earliest stage that the proclamation had to been duly effected. Even if the proclamation had not been duly effected, the petitioner was afforded opportunity inasmuch as his application filed on 29.6.1998 was considered by the Naib-Tehsildar along with the other 5 applications. He wilfully did not appear before the Naib Tehsildar on the date fixed by the latter. Thereupon the Naib-Tehsildar recommended the name of the respondent. 5. The District Collector further held that the petitioner is an illegal occupant of Panchayat land and is involved in a criminal case. Consequently, the District Collector appointed the respondent as lambardar. The Commissioner dismissed the appeal as aforesaid. 6. The petitioner is the son of Har Singh, the previous lambardar. Thereupon the Naib-Tehsildar recommended the name of the respondent. 5. The District Collector further held that the petitioner is an illegal occupant of Panchayat land and is involved in a criminal case. Consequently, the District Collector appointed the respondent as lambardar. The Commissioner dismissed the appeal as aforesaid. 6. The petitioner is the son of Har Singh, the previous lambardar. On application made by Har Singh, the District Collector vide order dated 16.6.1994 had appointed the petitioner as Sarbarah lambardar. It is rather odd that the proclamation could have been effected in the village without the petitioner being aware of the same. 7. The petitioner felt that he was in the line of succession in view of his appointment as Sarbarah lambardar. Whether his grievance against the lower Revenue officials was justified or not, his services as Sarbarah lambardar entitled him to some consideration. There is no appraisal of his work and conduct as Sarbarah lambardar over a period of 4-5 years in the impugned order of the District Collector. The petitioner has also averred that he could not have been disbarred on either of the grounds taken by the District Collector, namely, that he had encroached on Panchayat land or that he is involved in a criminal case. It is not proper to go into disputed questions of fact at the revisional stage. The matter is accordingly remanded to the District Collector for fresh decision. To be communicated. Petition allowed.