Ram Chander alias Ram Lal v. Baljinder Singh alias Gurmangat Singh
2007-12-03
SAMIR MATHUR
body2007
DigiLaw.ai
ORDER The instant revision petition has been filed under section 16 of The Punjab Land Revenue Act 1887 against the order to set aside of Commissioner, Hissar dated 19.05.06 and for upholding the order of Collector Fatehabad dated 9.11.04. 1. The brief facts of this case are that general category post of Lambardar, fall vacant due to death of former Lambardar Sh. Munshi Ram. To fill up this post formal order of District Collector were obtained vide his order dated 24.4.03 and thereafter munadi was conducted by Naib-Tehsildar Ratia against which in stipulated period upto 26.05.05 five eligible persons namely Sh. Ram Chander alias, Ram Lal, Lal Chand, Baljinder Singh alias Gurmangat Singh, Darshan Singh and Milkh Raj applied for the post. Sh. Milkh Raj and Lal Chand during the process applied in favour Sh. Ram chander alias Ram Lal and on 8.8.03 for non appearance in count Sh. Darshan Singh was proceeded exparte and this only two applicant were left in fray. Naib-Tehsildar after character verification of these two candidates the name of Sh. Ram Chander alias Ram Lal on comparative merit was recommended to SDO(C)/Collector, Ratia. Collector, Ratia found Sh. Baljinder Singh more meritorious and recommended him to District Collector, competent authority as such. 2. District Collector heard the counsels present before him and decided that Sh: Ram Chander conducted to in all relative merits of this case is most fit for the post and having experience of Lambardar functions being son of former Lambardar. Thus Sh. Ram Chander was appointed as Lambardar of village Biranbadi vide his order dated 9.11.2004. 3. Sh. Baljinder Singh alias Gurmangat Singh aggrieved from the order of Collector applied to Commissioner, Hissar who accepted the recommendation of SDO(C)/Collector, Ratia and constrained to interfere in Ld. Collector’s choice to sartor aside his order finding merit in favour of appellant, accepted the appeal vide his order dated 19.5.06. 4. Sh. Ram Chander aggrieved against order of Commissioner, Hissar filed revision in the court of my predecessor Financial Commissioner, Haryana and case was admitted on 13.10.06. After due process arguments were conducted on 13.09.07 and the case is decided through this order. 5. I have appreciated the argument presented by the 2 parties and also perused the record. I have considered the order of the Ld. Commissioner, Hissar against which the ROR have been preferred. I find that the Ld.
After due process arguments were conducted on 13.09.07 and the case is decided through this order. 5. I have appreciated the argument presented by the 2 parties and also perused the record. I have considered the order of the Ld. Commissioner, Hissar against which the ROR have been preferred. I find that the Ld. Commissioner had overruled the Collector’s order primarily on the basis of fact that lambardar must belong to and represent the patti for which the lambardari has fallen vacant. A large number of citations support this approach and have been quoted in the Commissioner’s order. The respondent Sh. Baljinder Singh belongs to the Patti has other relative merits including younger age and considerable land ownership in village in question. Like the applet the respondent to has been noted to belong to a family of lambardar of the village. The balance appears to be tilted in favor of respondent as has been concluded by the Ld Commissioner, Hissar Division. 6. As such I would not like to interfere with the Ld. Commissioner order and up hold it. The petition is accordingly dismissed. --------------------