SURJIT SINGH Vs. JODH SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 13 of the Punjab Land Revenue Act, 1887, against the order dated 10.8.2004, passed by the Commissioner, Jalandhar Division, Jalandhar, whereby he accepted the appeal of the present respondent and set aside the order dated 29.1.04 passed by the District Collector, Gurdaspur.

(2.) THIS revision pertains to Lambardari. On the demise of the previous Lambardar, the District Collector, after observing due formalities, was to select suitable candidate for appointment as Lambardar between the two candidates i.e. the petitioner and the respondent. However, the District Collector after seeing the recommendation of the Assistant Collector, 1st Grade, observed that the recommendation of the Assistant Collector, 1st Grade was based merely on the fact that Jodh Singh was the son of a previous Lambardar and he remanded the case to the Assistant Collector, 1st Grade for making detailed report about all other merits and demerits of the candidates and then submitting the matter again after making proper recommendations vide his order dated 29.1.2004.

(3.) I have gone through the order of the Lower Court and I find that the Collector has passed a perverse order in the sense that he has not exercised the jurisdiction vested in him. Therefore, the Commissioner has rightly appointed Jodh Singh as Lambardar after considering the merits and demerits of the candidates. Hence, the instant revision is dismissed. Announced. Appeal dismissed.