AMARJIT SINGH Vs. PALWINDER SINGH

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 23.1.2002 passed by the Commissioner, Jalandhar Division, Jalandhar vide which the appeal filed by the petitioner against the order dated 17.7.2001 passed by the District Collector, Nawanshahar, appointing Ram Kishan as Lambardar of village Bhedian, Tehsil Balachaur, District Nawanshahar, has been dismissed.

(2.) THE brief facts of the case are that on account of death of previous Lambardar Karam Singh, the post of Lambardar fell vacant and in response to the proclamation, 11 persons applied for the post. Ultimately, four candidates were left in the race before the Collector, Nawanshahar. The Collector, Nawanshahar appointed Ram Kishan as Lambardar of village Bhedian, Tehsil Balachaur, District Nawanshahar and rejected the claim of other candidates. Three appeals were filed before the Commissioner, Jalandhar Division, Jalandhar. One was filed by the present petitioner, second by Palwinder Singh and the third by Harmesh Chand, respondent No. 2. But the learned Commissioner, Jalandhar Division, Jalandhar accepted the appeal of Palwinder Singh and appointed him as Lambardar of village Bhedian. The present revision petition has been filed by the petitioner Amarjit Singh challenging the order of the Commissioner and the Collector, Nawanshahar.

(3.) THE learned counsel for the petitioner further referred to Rule 15 of the Land Revenue Rules and submitted that as per Rules 15(b) and (d), the petitioner has superior claim than the respondents. The petitioner is owner of 23K-14M of land in village and his family has rendered service to the nation since his real Taya (Uncle) was killed in China war, 1962. In addition to that, he has argued, that the petitioner is young man of 30 years, Matric pass as well as a social worker and is available to the village community. It has been contended by the learned counsel that the respondents are owner of very small holding and for maintaining their families, they are doing labour for which they have to often go out of the village for getting labour work and as such, are not available to the village community. The learned counsel also relied upon 1998(2) PLJ Page 9 DB, 1997(1) PLJ Page 575 and 2002(3) RCR(Civil) Page 445 and submitted that this court is vested with wider power under Section 16 of the Act and the petitioner may kindly be appointed as Lambardar of the village Bhedian and the revision petition may kindly be accepted.