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2003 DIGILAW 386 (PNJ)

Sher Singh v. Karnail Singh

2003-03-05

V.N.OJHA

body2003
ORDER V.N. Ojha, FC. - This is a revision petition filed by Sher Singh against the order of Commissioner Patiala Division dated 18.12.2000 whereby he dismissed the appeal and upheld the order of District Collector Fatehgarh Sahib. 2. The facts of the case are that on the death of Jamna Singh Lambardar of Village Hargana, Tehsil Khamano the Assistant Collector IInd Grade after due process invited applications to fill up the vacancy of Lambardar. Sher Singh, Karnail Singh, Manjit Singh submitted their applications. Assistant Collector IInd Grade, Khamano recommended the name of Sher Singh for appointment as Lambardar. District Collector, Fatehgarh Sahib appointed Sher Singh as Lambardar of Hargana against the post vacated by Jamna Singh, deceased Lambardar, vide his order dated 3.11.1998. Against this order Manjit Singh, Karnail Singh filed two appeals before Commissioner, Patiala Division who vide his order dated 18.11.2000, remanded the case to District Collector Fatehgarh Sahib for fresh decision keeping in view merits and demerits of the candidates. Hence, both the revision petitions filed by Sher Singh before this Court. 3. Today this case came up for hearing. The counsel for respondent stated that in this case the petitioner died on 5.2.2001. Death certificate of Sher Singh had already been filed in the court on 31.5.2001. In this event the revision petition becomes infructuous and need not be proceed with further. The learned Counsel for the petitioner admitted the facts that the petitioner had already died. Shri H.N. Mehsempuri, learned counsel for the respondent Manjit Singh stated in the court that in view of the orders passed by the Commissioner dated 18.12.2000, the District Collector, Fatehgarh Sahib had passed fresh orders for appointment of lambardar. The same order has been challenged before Commissioner, Patiala. 4. I have heard the learned counsel for the parties and perused the record placed on file carefully. Since the petitioner had died during the pendency of both the revision petitions, the case of Lambardari before this court cannot continue. Accordingly, the appeals filed by Sher Singh are dismissed being infructuous. As and when the Commissioner, Patiala Division decides the appeal pending before him, the parties are at liberty to file appeal/revision before this Court. Appeals dismissed.