BANARASI DASS Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Vide order dated 1.4.2013, the learned Single Judge of this Court allowed Civil Writ Petition No. 22528 of 2011 filed by the respondent No.5, namely Satpal. Hence, this appeal.

(2.) Dispute in this case is regarding post of Lambardar in village Allowal, Tehsil and District Hoshiarpur. On accrual of post, applications were invited by the District Collector, Hoshiarpur. After receipt of reports made by the Field Revenue Staff, before the Collector, the appellant and respondent No.5 emerged as the contesting candidates besides Malkiat Singh and Amarjit Singh. Before the Collector, it was an allegation against the appellant that he, at one point of time, had encroached upon a part of circular road (phirni) of village for tethering cattle. That fact was ignored by the District Collector by simply believing statement of the appellant that he has removed the said unauthorized occupation. No efforts were made to verify the above said fact. The District Collector appointed the appellant as Lambardar by observing as under vide order dated 27.7.2006:

(3.) Respondent No.5 remained unsuccessful in appeal and revision. He came to this Court by filing the above said writ petition which was allowed by the learned Single Judge on 1.4.2013.