RAGHBIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The appellant lays challenge to order dated 16.10.2012 dismissing his writ petition and rejecting his claim for appointment as Lambardar of village Khijuri, Tehsil and District Rewari.

(2.) Counsel for the appellant submits that the order passed by the Commissioner, setting aside the appellant's appointment as Lambardar, of the village, is liable to be set aside in view of finding recorded by the civil Court in suit titled 'Raghbir Singh v Gram Panchayat Khijuri and others', decided on 16.05.2007 (Annexure P6), that the appellant has not encroached upon any part of ''rasta'' (path) belonging to the Gram Panchayat by raising construction of his house.

(3.) Counsel for contesting respondents No. 4 and 5 submits that the District Collector, Rewari, failed to take into consideration the demarcation report dated 20.10.2003, wherein the appellant has been shown to be in illegal possession of two marlas of land comprising khasra No. 79, i.e., 'rasta'. The Commissioner, Gurgaon Division, Gurgaon, has rightly set aside the order passed by the District Collector, Rewari, appointing the appellant as Lambardar of the village. It is further argued that the learned Single Judge has rightly held that any decision of the civil Court subsequent to the order passed by the Commissioner would not call for any interference.