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2004 DIGILAW 83 (PNJ)

Amarjit Singh v. Palwinder Singh

2004-01-27

J.S.KESAR

body2004
ORDER J.S. Kesar, FC. - This revision petition has been filed against the order dated 23.1.2002 passed by the Commissioner, Jalandhar Division, Jalandhar vide which the appeal filed by the petitioner against the order dated 17.7.2001 passed by the District Collector, Nawanshahar, appointing Ram Kishan as Lambardar of village Bhedian, Tehsil Balachaur, District Nawanshahar, has been dismissed. 2. The brief facts of the case are that on account of death of previous Lambardar Karam Singh, the post of Lambardar fell vacant and in response to the proclamation, 11 persons applied for the post. Ultimately, four candidates were left in the race before the Collector, Nawanshahar. The Collector, Nawanshahar appointed Ram Kishan as Lambardar of village Bhedian, Tehsil Balachaur, District Nawanshahar and rejected the claim of other candidates. Three appeals were filed before the Commissioner, Jalandhar Division, Jalandhar. One was filed by the present petitioner, second by Palwinder Singh and the third by Harmesh Chand, respondent No. 2. But the learned Commissioner, Jalandhar Division, Jalandhar accepted the appeal of Palwinder Singh and appointed him as Lambardar of village Bhedian. The present revision petition has been filed by the petitioner Amarjit Singh challenging the order of the Commissioner and the Collector, Nawanshahar. 3. Shri G.S. Nagra, counsel for the petitioner has argued that the learned Commissioner as well as the Collector have wrongly rejected the claim of the petitioner. He has drawn my attention to the order of the Collector, in which the holding of the petitioner is mentioned as 1-1/2 acres, matriculate and his real Taya (uncle) died in China war in 1962. But the Commissioner has wrongly taken his land as 3 Kanals and the learned Commissioner did not touch the merits of the appeal filed by the petitioner. He has also argued that his client is a social worker and regular blood donor and participated in Education Programme meant for illiterate persons. The certificate dated 28.6.95 issued by the Deputy Commissioner, Hoshiarpur shows that the petitioner participated in this programme during the session 1994-95. Copy of Jamabandi for the year 1996-97 has also been produced showing that the petitioner got land measuring 23 Kanals 14 Marlas in inheritance from his mother in the year 2001 and submitted that the land holding of the petitioner is much more than other candidates. Copy of Jamabandi for the year 1996-97 has also been produced showing that the petitioner got land measuring 23 Kanals 14 Marlas in inheritance from his mother in the year 2001 and submitted that the land holding of the petitioner is much more than other candidates. Reference is also made to the certificate issued by the General of Army on 16.10.1999 showing that Swarn Singh, Taya (uncle) of the petitioner expired in China war in 1962. 4. The learned counsel for the petitioner further referred to Rule 15 of the Land Revenue Rules and submitted that as per Rules 15(b) & (d), the petitioner has superior claim than the respondents. The petitioner is owner of 23K-14M of land in village and his family has rendered service to the nation since his real Taya (Uncle) was killed in China war, 1962. In addition to that, he has argued, that the petitioner is young man of 30 years, Matric pass as well as a social worker and is available to the village community. It has been contended by the learned counsel that the respondents are owner of very small holding and for maintaining their families, they are doing labour for which they have to often go out of the village for getting labour work and as such, are not available to the village community. The learned counsel also relied upon 1998(2) PLJ Page 9 DB, 1997(1) PLJ Page 575 and 2002(3) RCR(Civil) Page 445 and submitted that this court is vested with wider power under Section 16 of the Act and the petitioner may kindly be appointed as Lambardar of the village Bhedian and the revision petition may kindly be accepted. 5. Shri Joshi, counsel for the respondents has submitted that the learned Commissioner has rightly appointed the respondent Palwinder Singh as Lambardar of the village. The learned counsel further argued that the respondent is owner of 2K-18M of land in village Bhedian to which the lambardari belongs and also the owner of land in other village Ballowal Soukhian. In the end, he has prayed that the revision petition may kindly be dismissed. 6. I have heard the learned counsel for the parties and have carefully perused the record of the case. As per Rule 15, the claim of the petitioner is more meritorious than the respondent. In the end, he has prayed that the revision petition may kindly be dismissed. 6. I have heard the learned counsel for the parties and have carefully perused the record of the case. As per Rule 15, the claim of the petitioner is more meritorious than the respondent. He is the owner of 23K-14M of land in village Bhedian to which lambardari belongs and his family has also served the nation as his real Taya (uncle) expired in the China War in 1962. He has also participated in the Adult Education Programme which is the project of Govt. of India to educate the illiterate persons. The petitioner is also available to the village community as he is engaged in agricultural operations in the village. As far as the age and educational qualifications are concerned, all the three candidates are almost at par. However, Amarjit Singh is the youngest of all. He also has an edge over the others because of service of his family to the nation. Putting all these things together, I come to the conclusion that Amarjit Singh is certainly higher in merits than the respondents. Accordingly, I set aside the order of the Commissioner, Jalandhar Division, Jalandhar dated 23.1.2002 and that of the Collector dated 17.7.2001 and appoint Amarjit Singh as Lambardar of the village. The Collector is directed to issue Sanad Lambardar to Shri Amarjit Singh. Announced. Petition allowed.