HARBHAJAN SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) BRIEF facts of this case filed under Section 13 of the Punjab Land Revenue Act are that on death of Surain Singh, Lambardar of village Sidhwan Dona, Tehsil Kapurthala a vacancy of Lambardar fell vacant and a proclamation was made in the village. Harbhajan Singh, Sukhwinder Singh, Piara Singh, Sarwan Singh and Joginder Singh applied. After police verification of all the five candidates Tehsildar sent case to SDM, Kapurthala with recommendation in favour of Harbhajan Singh. SDM recommended Joginder Singh's name. Three candidates namely Harbhajan Singh, Joginder Singh and Sukhwinder Singh appeared before District Collector, Kapurthala. Sukhwinder Singh withdrew his name in favour of Joginder Singh. Being younger in age Harbhajan Singh was found more suitable by the District Collector and was appointed Lambardar (5.8.98).

(2.) AGGRIEVED by this order Joginder Singh preferred an appeal before Commissioner (A) on the grounds that he was brother of deceased Lambardar, owned more land and his name was recommended by SDM. It was also contended before Commissioner (A) that petitioner is not matriculate and has not produced any certificate in support of his claim. Commissioner (A) held the respondent superior candidate being more educated and having hereditary claim. Appeal was accepted by him (8.10.99) This order has now been impugned before this court. Comparative bio-data of candidates is as follows : Harbhajan Singh Joginder Singh Age 42 Years 58 Years Education Under-Matric Matric Land holding 56 K 19 M 82 K 07 M

(3.) ON the other hand it was argued that the notice of the Collector should not be lightly interfered with and disturbed unnecessarily. If there is no illegality or perversity in the order of Collector, it should be allowed to hold sway.