NIRMAL SINGH Vs. PINDERJEET KAUR

JUDGEMENT

(1.) THIS appeal has been filed against order dated 16.5.2002 of Divisional Commissioner, Patiala whereby he set aside appointment of the appellant made by the Collector vide his order dated 11.12.2001. Collector had appointed Nirmal Singh as lambardar of village Panecha, whereas the Commissioner appointed the respondent, Pinderjeet Kaur as lambardar. On the previous date of arguments I asked the counsels to produce respective candidates and today both the candidates are present before me. They were allowed to argue/speak so that I could make a better judgment of their abilities.

(2.) THE respondent, Pinderjeet Kaur is daughter-in-law of the deceased lambardar whose death has caused the vacancy. She has inherited the property of deceased lambardar. She owns 20 killa of land as against mere 2 kanals held at present by the appellant. For general category lambardar, size of land holding is an important consideration. Both the candidates are matriculate. An important objection against the appellant made before the Collector and Commissioner, was regarding his indebtedness which was not properly dealt by the Collector. The Commissioner observed that perusal of the record revealed appellant's default in repayment of loans taken from the financial institutions. The Commissioner also observed that his land holding was too small to enable him to clear huge amount of loans raised by him from the different institutions.

(3.) THE above facts vindicate the stand of the Divisional Commissioner and indicate near-insolvency of the appellant. Perusal of the Collector's orders reveals that he did not examine this aspect nor he gave any finding. The Collector passed the order without proper and judicious application of mind. It was rightly set aside by the Commissioner. During the arguments the appellant or his counsel had nothing to offer in their defence. I find that the respondent is an intelligent, sharp and sensible lady and she definitely deserves lambardari of the village which has fallen vacant due to death of his father-in-law. The appeal is accordingly dismissed. Announced. Appeal dismissed.