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2005 DIGILAW 1036 (PNJ)

Gurmej Singh v. Piara Singh

2005-09-27

SUJATA DAS

body2005
ORDER Sujata Das, FC. - This is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 30.7.2003, passed by the Commissioner, Jalandhar Division, Jalandhar and against the order dated 22.7.2003 passed by the District Collector, Hoshiarpur. 2. This revision pertains to lambardari of village Bhelkhowal, Tehsil and District Hoshiarpur. The previous lambardar of the village expired and in order to fill up the vacancy so caused necessary formalities were observed. Ultimately, the District Collector (Deputy Commissioner), Hoshiarpur appointed Piara Singh as lambardar of the village. The Commissioner in an appeal had confirmed Piara Singh as the lambardar. Hence Gurmej Singh has now come in revision to this Court on the ground that he is more meritorious than the respondent and he is competent to be appointed as lambardar. He has drawn my attention to a citation whereby it has been held that a bigger landlord should be preferred than the smaller landlord. He has stated that he remained a member of panchayat for 15 years and the findings of the District Collector (Deputy Commissioner) that he had mortgaged his land to some extent should not be a bar to this appointment as lambardar. He has given another citation whereby it has been held that land mortgaged for securing an agricultural loan shows a person to be a progressive farmer and this should not be treated as a disqualification. 4. In this case counsel for both the parties were directed on 30.8.2005 to submit their written arguments and the case was adjourned to 6.9.2005 for orders. On 6.9.2005 it was further adjourned for order for today. The written arguments of counsel for both the parties are placed on the paper file. 5. After considering the written arguments of both the parties and after going through the orders of the District Collector (Deputy Commissioner) and Commissioner, I do not find any perversity or illegality in the orders of the lower Courts and therefore, I dismiss the revision. Announced. Petition dismissed.