LAWS(P&H)-1995-5-103

BACHAN SINGH Vs. SAMPURAN SINGH

Decided On May 18, 1995
BACHAN SINGH Appellant
V/S
SAMPURAN SINGH Respondents

JUDGEMENT

(1.) THIS is a revision petition against the order dated 8.12.1993 of Commissioner, Ambala Division, Ambala by which the appeal of the petitioner against order dated 6.10.1993 of Collector Kurukshetra was rejected.

(2.) IN brief, on the vacancy caused by death of former lambardar Inder Singh of village Beer Mathana on 26.11.1992, applications were invited to fill this post. There were only two contestants for this post, viz. the petitioner Bachan Singh and the respondent Sampuran Singh. The Collector after due consideration of the merits of the candidates appointed the respondent Sampuran Singh as lambardar of the village vide his order dated 6.10.1993. Feeling aggrieved, the petitioner went in appeal before the Commissioner, Ambala Division who upholding the order of Collector, rejected the appeal vide his order dated 8.12.1993. Now the petitioner has come in revision before this court.

(3.) ON the other hand, the counsel for respondent has contended that the findings of fact of the two lower courts cannot be interfered with in revision. The choice of the Collector cannot be disturbed until and unless found perverse in view of the rulings contained in 1991-PLJ-84 and 1955-LLR- 176. With regard to his attestation as Sarbrah lambardar after death of his father, he has already been fully exonerated after due inquiry by the Collector.