RAM KISHAN Vs. SHIV DUTT

JUDGEMENT

(1.) THIS revision petition has been filed under Section 16 of the Punjab Land Revenue Act, 1887 for setting aside the order dated 25.5.2000 passed by the Commissioner, Gurgaon Division, wherein the order of Collector Rewari appointing Shri Shiv Dutt s/o Shri Jhuthar, resident of village Choki No. 1, Tehsil and District Rewari, as Lambardar, has been confirmed.

(2.) THE revision came up for arguments. I have heard the counsel for both the parties and have also perused the case record very carefully. Shri Sushil Kumar Jain, Advocate for the revisionist argued that his candidate has better qualifications than the respondent. His financial position is better than the respondent. The respondent is a defaulter of Rewari Primary Cooperative Agri. and Rural Development Bank Ltd. Rewari. He pleaded that Shri Ram Kishan s/o Shri Ganga Ram resident of village Choki No. 1 Tehsil and District Rewari should be appointed as Lambardar.

(3.) SHRI Ram Kishan has studied up to 8th Class and he owns 9 acres of land. He has deposits of Rs. 15,000/- in small saving schemes whereas Shri Shiv Dutt is son of a deceased Lambardar and has worked as Sarbarah Lambardar from 21st July, 1993 continuously. He has one and a half acres of land. He got deposited Rs. 15,000/- under small saving schemes. The qualification of both the candidates is almost at par but Shri Shiv Dutt has the additional qualification of Sarbarah Lambardar for a fairly long time. Insofar as the question of defaulter of Shri Shiv Dutt is concerned, the Commissioner in his order dated 25th May, 2000 has clearly stated that Shri Shiv Dutt has been paying his instalments on due dates and thus he cannot be termed as defaulter. In view of this, I do not find any merit in the revision of Shri Ram Kishan and the same is hereby rejected. Announced. Petition dismissed