DALIP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner's husband Ganda Singh, who was a Lambardar in village Dharmkot, died in the year 1945. On the death of her husband, her son Buta Singh, who was at that time about five months old was appointed as Lambardar. Admittedly, Buta Singh never applied for his appointment as a Lambardar. On the request of the petitioner, Thaman Singh, respondent No. 5, was appointed as Sarbarah Lambardar. Sarbarah Lambardar had collected the land revenue from the landowners amounting to Rs. 8732.26 paise, which pertained to years 1953-54 to 1962-63, but he did not deposit that amount in the Government Treasury. Consequently, the Revenue authorities issued warrants of attachment of the land of Buta Singh and the same was attached also. It is the attachment of the property of Buta Singh for the recovery of Rs. 7357.26 paise which is challenged by the mother of Buta Singh by way of this petition under Articles 226 and 227 of the Constitution of India.

(2.) Returns have been filed by the respondent Nos.1 to 3. The factual position is not denied by the Collector. It is admitted that the land revenue was collected by Thaman Singh, respondent No. 5, and that Buta Singh, who was a minor during that period, never collected any amount of land revenue. In fact, Buta Singh never applied for his appointment as Lambardar. He was appointed Lambardar on account of his being heir of his father under the Rules prevalent in those days. The amount in question pertained to the period when Buta Singh was a minor and was studying in the School. Thus, the liability, in my view, cannot be fastened on Buta Singh as he was a minor in those days and the amount of land revenue was collected by Thaman Singh, respondent No. 5 as Sarbarah Lambardar, which fact, as observed earlier, is admitted by the Collector. It would amount to great injustice if the amount is realized from Buta Singh, who was a minor at the time the land revenue was collected by Thaman Singh, Sarbarah Lambardar. Sarbarah Lambardar is a Lambardar for every purpose during the period he acts as Lambardar. He performs the duties of a ful-fledged Lambardar. He collects the land revenue from the right-holders of his village and it is his liability to deposit the same in the Government treasury.

(3.) Accordingly, this petition is allowed and the warrants of attachment and the attachment itself, Annexures P-1 and P-2 are quashed. However, it is open to the authorities to realise the amount from Thaman Singh, respondent No. 5, the Sarbarah Lambardar.