SHIV SINGH Vs. KULBIR SINGH

JUDGEMENT

(1.) THIS revision petition under Section 16 of the Punjab Land Revenue Act, 1887 has been filed against the order dated 17.9.2003 passed by the Commissioner (Appeals), Jalandhar Division, Jalandhar and setting aside order dated 25.3.2003 passed by the Deputy Commissioner-cum-District Collector, Nawanshahr and to appoint the petitioner-Shiv Singh as Nambardar of village Kamam, Tehsil and District Nawanshahr.

(2.) THE brief facts of the case are that on the death of the then Nambardar Ganga Singh, S/Sh. Shiv Singh son of Dinesh Singh and Kulbir Singh s/o Sohan Singh had applied for the post of Nambardar. The Sub-Divisional Magistrate- cum-Assistant Collector Grade-I, Nawanshahr duly recommended Shiv Singh for appointment. The Deputy Commissioner-cum-District Collector, Nawanshahr heard both the candidates and recorded that Shiv Singh is 70 years old, has 4 acres land in village Sodhian and 6 acres land in village Kamam, that he has been Sarbra Nambardar for 30 years and knows the work of Nambardari well. On the other hand, Kulbir Singh is a permanent resident of village Kamam. He is 50 years old and educated upto 8th Standard. He reads and writes Punjabi well and possesses 6-1/2 acres land. After due consideration the Collector came to the conclusion that Kulbir Singh was a better candidate in terms of age, education and, above all, Shiv Singh is a resident of village Sodhian and has a residence in village Sodhian. Therefore, he appointed Kulbir Singh as Nambardar.

(3.) DURING arguments, the counsel for the petitioner contended that Kulbir Singh was not a fit person to be appointed as Nambardar because earlier also he was appointed as Nambardar, but due to his unfitness left the Nambardari. This was countered by the respondent that this point had not been raised earlier and moreover no blemish is attracted to Kulbir Singh even if he had left Nambardari due to some personal reasons. It was also stated that the petitioner cannot be left out on account of his age of 70 years because he is a fit person. In this context both the orders of the Collector and the Commissioner (A) were perused. It has nowhere been argued that Kulbir Singh is a better candidate on account of education and age alone. Age is one factor along with rest while making recommendations and conclusions regarding his suitability for appointment as Nambardar. The Ld. Counsel for the petitioner reiterated that Shiv Singh is a resident of village Kamam and in support thereof he produced a ration card of village Kamam and voter list of the village Kamam. In this context, Annexure P-4 and P-5 were produced. The voter list is for the year 2003 and the ration card has been issued on 27.5.2003. The order of the Collector was passed on 25.3.2003. Keeping in view the specific documents referred by the Commissioner in his order dated 17.9.2003, it is evident that the voter list and ration card produced in the present revision petition are not very helpful to the petitioner. In fact Ld. Counsel for the respondent had reiterated that both these documents are of a later date and obtained subsequently.