AZMER SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD. THE appellant has filed this writ appeal under Section 2 (1) (A) of Madhya pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 17-4-2007 [2007 (3) M. P. H. T. 128], passed by the learned Writ Court and order dated 18-5-2007 passed in review petition. In the order dated 17-4-2007, learned Writ Court held that the disqualification for appointment of 'patel' as indicated in the Rule 2 (i) and 2 (ii) is that no person shall be eligible for the post of Patel, if he-

(2.) THE dispute in this case is regarding the appointment of Patel for village Hargangoli, District Morena. The appellant was one of the candidates and there were other candidates (respondent Nos. 5 to 7 ). After considering the applications, the SDO recommended for the appointment of respondent No. 7-Narain Lal on the post of Patel. This order was affirmed by the Collector and thereafter the Additional Commissioner set aside the appointment and directed that appellant-Ajmer Singh be appointed and this order is also affirmed by the board of Revenue against which Narain Lal filed writ petition which was registered as W. P. No. 971/03 and the learned Single Judge allowed the petition on the aforesaid ground.

(3.) LEARNED Counsel for the appellant raised two grounds, firstly, that azmer Singh when applied for the post of Patel was recorded as Bhoomiswami and the interpretation of Rule 2 (ii) is that qualification should be seen on the day of the filing of the application. Secondly, Narain Lal, who has been approved for the appointment, was an encroached of the Government land and for that he was also punished, therefore, he is also not entitled for the appointment on the post of Patel.