TALMOHAN SINGH Vs. SHINGARA SINGH

JUDGEMENT

(1.) THIS is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887 against the order of the Commissioner, Patiala Division, Patiala, dated 10.4.2003.

(2.) THE brief facts of the case, are that on the demise of Lambardar of village Jhameri, Tehsil Ludhiana West, on 15.4.1996, proclamation was made in the village to fill up the post of Lambardar. In response to the proclamation, two persons namely; Talmohan Singh @ Mohan Singh and Shingara Singh applied for the post. The Tehsildar, Ludhiana after completing the necessary formalities recommended the name of Shingara Singh for appointment as Lambardar to Sub- Divisional Magistrate (West), Ludhiana. The Sub-Divisional Magistrate Ludhiana (West) vide his report dated 20.7.2000 sent the case to the Collector and recommended the name of Talmohan Singh to be appointed as Lambardar. The District Collector, Ludhiana vide his order dated 10.4.2001, appointed Talmohan Singh as Lambardar of the village. Aggrieved by this order Shingara Singh went in appeal before the Commissioner, who, vide his order dated 10.4.2003 accepted the appeal and set aside the order of District Collector. Now, Talmohan Singh has filed this revision petition before this Court.

(3.) THE counsel for the respondent was heard. The qualifications of both the candidates are that Talmohan Singh is 50 years old. He owns 1-1/2 acres of land and his studied up to 9th Standard and is not the resident of village Jhameri. Whereas Shingara Singh is 34 years of age. He studied up to 9th Standard. He is permanent resident of the village. The counsel for the respondent, during the course of arguments, stressed the point that the petitioner is not the permanent resident of village Jhameri and therefore, he could not be appointed Lambardar of the village. I agree with the findings of the Commissioner, who has rightly appointed Shingara Singh as Lambardar of the village and set aside the order of the Collector. I, therefore, dismiss the revision petition by exercising my revisional powers vested in me. Announced. Petition dismissed.