LAWS(P&H)-2010-11-313

SUKHWINDER SINGH Vs. DUMAN SINGH

Decided On November 25, 2010
SUKHWINDER SINGH Appellant
V/S
DUMAN SINGH Respondents

JUDGEMENT

(1.) 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 Collector's 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.) 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. .