KARTAR SINGH Vs. BALKAR SINGH

JUDGEMENT

(1.) THIS is petition u/s 16 of the Punjab Land Revenue Act, 1887 seeking to revise the order dated 6.5.1999 of the District Collector, Ferozepore, and the order dated 31.1.2002 of the Commissioner, Ferozepore Division, Ferozepore in the matter of appointment of lambardar of v. Thatheran Wala, H.B. No. 182, tehsil Jalalabad, district Ferozepore.

(2.) HAR Singh, the previous lambardar, died on 15.3.1997. The District Collector vide order dated 22.4.1998 directed that file for appointment of a successor be put up. The patwari reported vide No. 396 dated 5.6.1998 that proclamation inviting applications up to 12.6.1998 had been duly effected. It is not clear why only 7 days time was deemed sufficient. It is also not apparent whether the time limit was fixed by a competent authority or was left to the discretion of the lower Revenue officials.

(3.) THE District Collector noted that the petitioner had made an application after the due date i.e. on 29.6.1998 to the Naib-Tehsildar. The petitioner did not allege therein i.e. at the earliest stage that the proclamation had to been duly effected. Even if the proclamation had not been duly effected, the petitioner was afforded opportunity inasmuch as his application filed on 29.6.1998 was considered by the Naib-Tehsildar along with the other 5 applications. He wilfully did not appear before the Naib Tehsildar on the date fixed by the latter. Thereupon the Naib-Tehsildar recommended the name of the respondent.