GURDEV SINGH Vs. DILBAGH SINGH

JUDGEMENT

(1.) THIS appeal has been filed under Section 13 of the Punjab Land Revenue Act, 1887, against the order of the Commissioner, Jalandhar Division, Jalandhar dated 28.11.2001 vide which he set aside the order dated 16.8.2000 passed by the District Collector, Kapurthala.

(2.) DURING the last hearing on 29.3.2004, this case was fixed for arguments today. The counsel for the respondent had pointed out that the record of the lower court is not coming, thus unnecessarily, delaying hearing in this case. Accordingly, the District Collector was requested to send the record through special messanger. The District Collector vide his fax message received in the control room on 2.4.2004 has intimated that the record in this case has already been sent to the Financial Commissioner, Rural Development and Panchayat and hence, the same be obtained from them. The learned counsel for the parties have agreed to argue the case without the lower Court record, since copies of the relevant record are already available on this file.

(3.) I have heard the learned counsel for the parties. The learned counsel for the appellant has argued that on the basis of order dated 16.8.2000 of District Collector, the appellant Gurdev Singh has been issued 'Sanad Lambardari' and identity card and he is working as such since then. According to the learned counsel, the only ground which has weighed with the learned Commissioner for setting aside the appointment made by the Collector is the fact that the appellant is having residence at Kapurthala also. The appellant is found to have been in possession of two Ration Cards and his name figures in two voters' lists, one of the village Desal and another of Kapurthala. The learned counsel has argued that the appellant is living in the village, but during the period of terrorism in the State of Punjab, he had bought a house in Kapurthala and had temporarily shifted there because of security reasons, otherwise, he is the ex-Sarpanch of the village and his wife is presently Sarpanch of the village gram panchayat, which make it amply clear that he and his family permanently reside in the village. His permanent residence in the village has also been verified by the revenue authorities. The counsel has further pointed out that the ration card at Kapurthala was made by him in the year 1992, but subsequently, he made his ration card in village Desal in the year 1997 after the terrorism was under control. The counsel has also stated that he is not making use of the ration card at Kapurthala and he even cast his vote at village Desal. According to the learned counsel, there is no bar in having a house at a place other than the village, if he and his family ordinarily reside in village Desal.