GURDIP SINGH Vs. ASHWINDER SINGH

JUDGEMENT

(1.) THE appellant was appointed Lambardar of village Moga Mehla Singh, Patti-Mohabbat, Tehsil Moga by the District Collector, Moga vide order dated 13.5.2003. Divisional Commissioner Ferozepur reversed this order and appointed the respondent, Ashwinder Singh as Lambardar vide his impugned order dated 10.11.2003 on the following grounds :-

(2.) THE Collector had ignored the respondent, Ashwinder Singh on the ground that he owned land in another patti-Patti Baja which is adjacent to Patti Mohabbat to which the Lambardari relates. The Collector, therefore, ignored his relative merits including recommendations of the Naib-Tehsildar and Sub- Divisional Magistrate, Moga. The Commissioner observed that both the Pattis are located in the same ward No. 31 of Moga Mehla Singh and, therefore, he could not be described as non-resident or non-land holder.

(3.) I also find that the present appellant suffers from the stigma of prosecution under Section 307, 324, 323, 134 of IPC, despite his acquittal on 23.11.1997 after 7 years of prosecution. The respondent was certainly a better candidate and the Collector wrongly declared him ineligible.