MANMOHAN SINGH Vs. YOG RAJ

JUDGEMENT

(1.) THIS is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 19.12.2002, passed by the Commissioner (Appeals), Jalandhar Division, Jalandhar, vide which he has accepted the appeal filed by respondent No. 1 against the order of the District Collector, Jalandhar, dated 14.5.2001.

(2.) THE brief facts are, that Yog Raj (respondent) was working as Lambardar of village Dalli, Tehsil and District Jalandhar. The petitioner made complaint to the Deputy Commissioner, Jalandhar that the respondent has wrongly attested Mutation No. 2176 of village Dalli. The District Collector found the respondent guilty and accordingly dismissed him from the post of Lambardar, vide order dated 14.5.2001.

(3.) BOTH the parties were heard through their counsels. On behalf of the petitioner, it was contended that Yog Raj had verified the pedigree table of mutation No. 2176 of village Dalli regarding inheritance of Jarnail Singh, but willfully did not disclose about all the legal heirs of the deceased since he did not perform his duties properly, therefore, District Collector, Jalandhar had removed him from the post of Lambardar under Rule 16(ii)(f). It was further stated that one Jarnail Singh died on 11.4.1987 and the deceased left behind one son namely Pawandeep Singh and two daughters Gurdeep Kaur and Rajwant Rani. The daughters were minor and mutation of inheritance was sanctioned only in favour of Pawandeep Singh on 27.1.1989. Yog Raj, Lambardar had attested the pedigree table and put his signatures in English on the mutation sheet. The learned counsel for the petitioner further contended that the Commissioner has mentioned in the impugned order about the affidavit of Gurdeep Kaur and Rajwant Rani daughters of the deceased. However, the aforesaid affidavit is dated 22.6.1998 whereas the mutation was sanctioned on 27.1.1989. Therefore, no weightage can be given to the aforesaid affidavit.