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2005 DIGILAW 1271 (PNJ)

Surjit Singh v. Jodh Singh

2005-12-13

SUJATA DAS

body2005
ORDER Sujata Das, F.C. — This is an appeal under Section 13 of the Punjab Land Revenue Act, 1887, against the order dated 10.8.2004, passed by the Commissioner, Jalandhar Division, Jalandhar, whereby he accepted the appeal of the present respondent and set aside the order dated 29.1.04 passed by the District Collector, Gurdaspur. 2. This revision pertains to Lambardari. On the demise of the previous Lambardar, the District Collector, after observing due formalities, was to select suitable candidate for appointment as Lambardar between the two candidates i.e. the petitioner and the respondent. However, the District Collector after seeing the recommendation of the Assistant Collector, 1st Grade, observed that the recommendation of the Assistant Collector, 1st Grade was based merely on the fact that Jodh Singh was the son of a previous Lambardar and he remanded the case to the Assistant Collector, 1st Grade for making detailed report about all other merits and demerits of the candidates and then submitting the matter again after making proper recommendations vide his order dated 29.1.2004. 3. Jodh Singh the present respondent went in appeal against this order of the District Collector to the Commissioner, who accepted the appeal and appointed Jodh Singh as the Lambardar. Now Surjit Singh has come in revision to this Court on the ground that the appointment of Lambardar is the prerogative of the District Collector and the Commissioner should have remanded the case to the Collector and the Collector should have appointed one of the candidates as the Lambardar on merits. The Counsel for the petitioner has submitted that his client is 10th Class pass and owns 95 Kanals of land whereas, the respondent is 5th Class pass and owns 10 Kanals of land. 4. I have gone through the orders of the Lower Courts and I find that the Collector has passed a perverse order in the sense that he has not exercised the jurisdiction vested in him. Therefore, the Commissioner has rightly appointed Jodh Singh as Lambardar after considering the merits and demerits of the candidates. Hence, the instant revision is dismissed. Announced. Appeal Dismissed. —————————