BALDEV SINGH Vs. COMMISSIONER JALANDHAR DIVISION JALANDHAR

JUDGEMENT

(1.) The appellant lays challenge to order dated 26.11.2012, whereby his writ petition has been dismissed and the order passed by revenue authorities with regard to appointment of respondent no. 3 as Lambardar of village Sherpur Sadha, Tehsil Sultanpur Lodhi, District Kapurthala, has been upheld.

(2.) Counsel for the appellant submits that Surjit Singh (respondent No. 3) is a resident of village Sultanpur Lodhi, but the lambardari pertains to village Sherpur Sadha which is at a distance of 10 kilometers from village Sultanpur Lodhi, therefore, respondent No. 3 is not eligible and even if eligible would not be available to residents of village Sherpur Sadha. It is further argued that though the appellant raised the issue of Surjit Singh not being a resident of village Sherpur Sadha at the inception of process for appointment of Lambardar, but the learned Single Judge has committed an error while holding that this factual issue has been raised for the first time before the writ court.

(3.) Counsel for contesting respondent No. 3 would argue that respondent No. 3 owns agricultural land and an ancestral house in village Sherpur Sadha. He cultivates his land on his own, therefore, there is no question of his not being available to residents of village Sherpur Sadha. He has further argued that village Sultanpur Lodhi is only at a distance of 5- 6 kilometers from village Sherpur Sadha.