MEHAR SINGH @ BHARPUR SINGH Vs. PRITPAL SINGH

JUDGEMENT

(1.) THIS appeal is under section 13 of the Punjab Land Revenue Act, 1887 against the order dated 29.7.10 of Commissioner Patiala Division, Patiala.

(2.) DISPUTE regarding lambardari of village Rauni Tehsil Payal, District Ludhiana was transferred to District Rupnagar who after evaluating the inter se merit of both the candidates i.e. appointed the present appellant as lambardar of village Rauni vide his order dated 9.12.09. Aggrieved by this order, Pritpal Singh filed an appeal before the Commissioner Patiala Division, Patiala who vide his order dated 29.7.10 accepted the same, set aside the order dated 9.12.09 of District Collector and remanded the case back to Distt. Collector Rupnagar for fresh decision. Hence the present appeal.

(3.) ON the other hand it is contended by counsel for respondent that the District Collector appointed the present appellant as lambardar because he has been biased due to the transfer applications moved by the present respondent and thus the Collector ignored merit of the respondent. It is averred that order passed by Commissioner are well reasoned. The respondent is son of deceased Lambardar Mohinder Singh and as such has hereditary claim. But this argument has been controverted by counsel for the petitioner stating that hereditary claim has already been declared ultra virus and unconstitutional. It is averred by counsel for respondent that the case has been simply remanded to the District Collector for passing fresh orders after hearing both the parties and therefore need not be interfered. Both the counsel have referred to various citations in support of their contention.