SADA RAM Vs. SHASHI PAL

JUDGEMENT

(1.) THIS is a revision petition filed against the order of the Commissioner, Jalandhar Division, Jalandhar dated 25.9.2002 in the matter of Lambardari of village Bhatoli, Tehsil Mukerian, District Hoshiarpur. Vide this order the Commissioner dismissed the appeal filed by the present petitioner against the order of the District Collector, Hoshiarpur dated 4.7.2001 vide which the Collector had appointed the present respondent as Lambardar of the village against the vacancy arising from the death of Shri Bhagwan Dass, Lambardar.

(2.) THE details of the case are narrated in the orders of the Collector and the Commissioner and need not be gone into again. The case was heard and was fixed for arguments on 26.10.2004. On this date both the counsels appeared before me and stated that the case can be heard without summoning the record of the lower courts, and written arguments shall be submitted within 10 days. Accordingly orders were reserved. Written arguments have now been submitted.

(3.) ON behalf of the respondent it was urged that the respondent is not only fully qualified for being appointed Lambardar, he is also son of deceased Lambardar and has suffifient experience of the duties of Lambardar, which he has been performing properly since his appointment on 12.9.2001. It was urged that he is the owner of more land, he is much younger in age, being only 43 years against 73 years of the petitioner, and also has knowledge of Hindi, Punjabi and English. It was further urged that the respondent has not taken up any contract work in the last year. It was further urged that it is a well settled principle in Lambardari matters that the order of the Collector can be interfered with only if it contained some perversity, irregularity. In the present case the appointment of the Lambardar has been made after due enquiry and the respondent is an eligible and suitable candidate for Lambardar. There is no illegality or patent error in the order of the Collector such as would warrant interference in it. It was urged that the revision petition require to be dismissed and the orders of the Commissioner and the Collector upheld.