BISHAN DASS Vs. COMMISSIONER, JALANDHAR DIVISION

JUDGEMENT

(1.) BISHAN Dass has come up in Revision Petition against the orders of Collector (31.9.1995) and Commissioner (29.4.1997) in a lambardari case.

(2.) ON the death of Batan Singh Scheduled Caste Lambardar of village Madar, Distt. Jalandhar, applications were invited and five candidates applied for the post of Lambardar. The Tehsildar and SDO(C) recommended the name of Darshan Lal as Heri Chand and Bakhsi Ram had withdrawn their names. Only two serious candidates emerged before the Collector. Their Biodata is as under :- Darshan Lal Bishan Dass Age 58 Years 57 Years Land 3 residential houses 2 Pacca houses Education Matric and Ex-Police Official Under Matric and Ex-serviceman

(3.) THE main point that was argued before me was that the authorities below have wrongly ignored the meritorious military service rendered by the petitioner i.e. appointment as ex-JCO and retired as Subedar Major and honorary Lieutenant. Secondly, authorities below have wrongly ignored the objection against the respondent that he is in unauthorised possession of Central Govt. land measuring 19 Marlas which belonged to Muslims and was given to his ancestor as a 'Kammi'. Actually Jamabandi for the year 1992-93, shows that land belongs to Central Govt. and same is in possession of Ad-Dharmi. No evidence has been produced to show that land belonged to Muslims. The counsel for the respondent while refuting these arguments submitted that the Collector is a better judge to consider the merits of the candidates and he has appointed him as Lambardar. Even the Commissioner has also observed that retired police officer has a better knowledge of rural society compared to any army personnel who remained away from village for long time. The Collector has found no evidence to find that the respondent encroached upon the Central Govt. land.