SUBA SINGH LAMBARDAR Vs. TEHSILDAR

JUDGEMENT

(1.) Through this petition, the petitioners who happened to be Lambardars of village Dhadrian, Tehsil and District Sangrur, have assailed the action of the respondent revenue authorities of effecting recoveries from them of the water rate due to the Government from the proprietors of the village other than the petitioners. Such an order was issued by the Tehsildar, respondent No. 1 on February 21, 1966. Against that order the petitioners filed an appeal before the Commissioner, Patiala Division, Patiala, who vide his order dated January 30, 1967, set aside the said order with the following observations :-

(2.) The learned counsel for the respondents has not been able to show me any reason as to why the subordinate revenue officers are not complying with the above-said order of the Commissioner, Annexure 'A' to the petition. The counsel, however, submits that under the law the petitioners can be proceeded against for effecting this recovery in the manner provided for recovery of arrears of land revenue. His submission is that under Section 98, clause (d) any sum leviable by or under the authority of the Government as water rate, can be recovered as arrears of land revenue. He then points out that the word 'defaulter' has been defined in Section 3, sub-section (8) of the Punjab Land Revenue Act, in the following words :-

(3.) I, therefore, allow this petition and restrain the respondent authorities from recovering the water rate charges in any manner from the petitioners with regard to the land which belongs to the proprietors other than the petitioners. However, no order as to costs in passed. Petition accepted.