GURDEEP SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS is a review petition under Section 15 of the Punjab Land Revenue Act, 1887 against the order dated 22.12.2000 passed by the learned Financial Commissioner Appeals-III in Lambardari of village Tafzalpura, Tehsil and District Patiala.

(2.) THE brief facts of the case are that on the death of Karnail Singh Lambardar of village Tafzalpura, the Naib Tehsildar, Patiala invited applications through proclamation in the village to fill up the post of Lambardar. In response to the proclamation, Jaswant Singh, Gurdeep Singh, Gurmej Singh sons of Karnail Singh (deceased Lambardar) submitted their applications. The character of all the candidates were got verified from the police and the candidature of all the candidates was found suitable for the post of Lambardar. The Naib Tehsildar, Patiala recommended the name of Jaswant Singh for appointment as Lambardar. The Tehsildar, Patiala disagreed with the recommendation of Naib Tehsildar and recommended the name of Gurdeep Singh. The Assistant Collector Ist Grade (S.D.M.) Patiala recommended the name of Jaswant Singh. After considering the merits and de-merits of the case, the District Collector, Patiala vide his order dated 18.6.1997 appointed Jaswant Singh as Lambardar of village Tafzalpura in place of Karnail Singh (deceased Lambardar). Against this order, Gurdeep Singh filed an appeal before the Commissioner, Patiala Division, Patiala who dismissed the same vide his order date 15.3.1999. Against this order, Gurdeep Singh filed revision petition before this court.

(3.) THE notice was issued to the petitioner Gurdeep Singh on the application for review. Shri R.S. Chauhan Advocate put in appearance on behalf of the petitioner. The main ground taken in the application is that the petitioner in connivance with the lower revenue staff had procured wrong and false report regarding service of summons whereas no summon was received by the respondent-applicant. The petitioner is not residing in the village. The Assistant Collector Ist Grade in his report specifically mentioned that Gurdeep Singh is not a resident of village Tafzalpura. He recommended the name of Jaswant Singh. Ex-parte orders have been obtained by Gurdeep Singh by playing fraud. An enquiry in this regard was also conducted by the Additional Deputy Commissioner, Patiala who submitted a detailed report establishing that the summons issued by the Court of Financial Commissioner were not served upon Jaswant Singh in connivance with the lower revenue staff by Gurdeep Singh. On this score the order of my learned predecessor has been reviewed for fresh decision on merits.