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2010 DIGILAW 3152 (PNJ)

Sukhwinder Singh v. Duman Singh

2010-11-25

N.S.KANG

body2010
ORDER N.S. Kang, I.A.S. - This is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887 against the order dated 13-11-06 of the Commissioner, Jalandhar Division, vide which he set aside the appointment of Sukhwinder Singh, petitioner, as lambardar of village Sakohpur, Tehsil and District S.B.S. Nagar; and appointed the respondent Duman Singh as the lambardar. 2. When the case was taken up for consideration it was contended by Sh. R.S. Chaunan counsel for the petitioner Sukhwinder Singh that the District Collector had appointed the petitioner as lambardar after following the prescribed procedure. The petitioner was not only younger and more educated than the respondent, but also had a larger land holding in the estate. Hence there was no perversity in the Collectors choice which should not have been set aside by the Commissioner. On the other hand, it was contended on behalf of the respondent that he had worked as lambardar for four years without any complaint. It was pointed out that his candidature had been supported by the panchayat of the village and he had been recommended by the Sub Divisional Magistrate also. The social work performed By the respondent was also highlighted. was finally contended that the lambardari related to a Patti Maha Singh whereas the petitioner Sukhwinder Singh belongs to a different patti. Counsel concluded that on these grounds, the petition deserved to be dismissed. 3. I have considered the rival contentions carefully. As far as the contention about the petitioner belonging to a patti different from the one to which the lambardari relates is concerned, it is seen that this argument has been raised before me for the first time, A perusal of the file shows that this point was not urged by the, respondent Duman Singh in his appeal before the Commissioner. The file also shows that it has nowhere been mentioned therein that the vacant lambardari relates to patti Maha Singh of village Sakohpur. Infact the entire record mentions the post as lambardari of village Sakohpur and not any particular patti thereof. Thus this contention raised by the respondent is not tenable. Once this is so, it is clear that the petitioner as a better claim for appointment as lambardar of the village. As noted in the order of the Collector Sukhwinder Singh is younger and more educated than the respondent and also has a larger land holding. Thus this contention raised by the respondent is not tenable. Once this is so, it is clear that the petitioner as a better claim for appointment as lambardar of the village. As noted in the order of the Collector Sukhwinder Singh is younger and more educated than the respondent and also has a larger land holding. Thus it can safely be held that there was no material irregularity or perversity in his appointment as lambardar by the District Collector. It is also held that there was no sufficient ground for the Commissioner to set aside the order of the District Collector in this case. 4. This petition is accordingly accepted, the impugned order of the Commissioner, Jalandhar Division is set aside and the petitioner Sukhwinder Singh is appointed as lambardar of village Sakohpur, Tehsil and District S.B.S. Nagar. .