ORDER B.K. Srivastava, FC. - The appellant was appointed Lambardar of village Moga Mehla Singh, Patti-Mohabbat, Tehsil Moga by the District Collector, Moga vide order dated 13.5.2003. Divisional Commissioner Ferozepur reversed this order and appointed the respondent, Ashwinder Singh as Lambardar vide his impugned order dated 10.11.2003 on the following grounds :- (i) that he is more qualified being matriculate against 8th pass qualification of the present appellant. (ii) that he remained Sarabrah Lambardar of Jugraj Singh, the previous Lambardar. 2. The Collector had ignored the respondent, Ashwinder Singh on the ground that he owned land in another patti-Patti Baja which is adjacent to Patti Mohabbat to which the Lambardari relates. The Collector, therefore, ignored his relative merits including recommendations of the Naib-Tehsildar and Sub- Divisional Magistrate, Moga. The Commissioner observed that both the Pattis are located in the same ward No. 31 of Moga Mehla Singh and, therefore, he could not be described as non-resident or non-land holder. 3. I feel that contention of the present petitioner that the respondent holds land in the adjoining Patti-Baja does not carry much weight. The Lambardari rules cannot be interpreted to hold the respondent ineligible due to this reason because both the pattis are located in the same ward and residence of the respondent in the same patti is certainly undisputed. The Collectors interpretation of rules to make the respondent ineligible is unacceptable. 4. I also find that the present appellant suffers from the stigma of prosecution under Section 307, 324, 323, 134 of IPC, despite his acquittal on 23.11.1997 after 7 years of prosecution. The respondent was certainly a better candidate and the Collector wrongly declared him ineligible. 5. In view of the above observations the appeal is dismissed. Announced. Appeal dismissed.