KULDIP SINGH Vs. RAKHA SINGH

JUDGEMENT

(1.) THIS revision petition under Section 16 of the Punjab Land Revenue Act, 1887 has been filed against the order dated 18.6.2001 of the Divisional Commissioner, Patiala whereby he has set aside the order of the District Collector dated 12.1.2001 in the matter of Lambardar of village Jai Singh Wala, Tehsil Bassi Pathana, District Fatehgarh Sahib.

(2.) THE learned counsel for both the parties have filed their arguments in writing. I have examined the same and as well as the file. The Ld. counsel for the petitioner has contended that the Commissioner has not taken into consideration the factual position of the case while appointing the petitioner as Lambardar. The choice of the Collector could not be lightly set aside unless the orders are perverse and against the provisions of the Act. He has cited 2002(1) PLJ 266 and 1991 PLJ 282 in support of his contention. He has further maintained that the petitioner is 45 years old whereas the respondent is 57 years old. The petitioner is the permanent resident of village and has purchased the agricultural land and residential house of the previous Lambardar. The petitioner is also elected President of the Agricultural Cooperative Service Society of 8 villages and enjoys more influence than the respondent. The petitioner owns 52 bighas 5 biswas land in Sidhu Patti to which the Lambardari belongs. The petitioner has studied upto 5th class and can read and write Punjabi and Hindi. He has finally argued that since his claim was higher, the revision petition may be accepted and the order of the Divisional Commissioner be set aside.

(3.) I have considered the position brought out by both the counsels and examined the case file minutely. As far as merits are concerned, it has become apparent that the respondent is better educated as he has studied upto Higher Secondary. He also has a Diploma in Social Work Group besides having sufficient holding in the village. The AC Ist Grade had recommended only his name. In additional 51 persons have deposed in his favour. He belongs to a family which has served the nation as one of his uncles namely Kaka Singh served in Indian Army for 12 long years. He has been also Sarpanch of the village for 14 long years. The Panchayat has also passed resolution in his favour. In view of the above discussion, it now comes out clearly that the respondent has an edge over the petitioner. I, therefore, do not find any reason to interfere in the well-reasoned order of the Commissioner, Patiala Division. Accordingly, the same is upheld and the revision petition is dismissed. Announced. Petition dismissed.