SARWAN SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THIS is a revision petition under section 16 of the Punjab Land Revenue Act, against order dated 28-4-2006 passed by the Commissioner, Jalandhar Division, Jalandhar and order dated 21-7-2005 passed by the District Collector, Jalandhar, in the matter of Lambardari of village Kamalpur, Tehsil Shahkot, District Jalandhar.

(2.) THE brief facts of this case are that, after the death of Pargat Singh Lambardar of village Kamalpur, the post of lambardar fell vacant. To fill up this post, a proclamation was made in the village for inviting applications from the willing candidates. In response thereof, five applications, including from petitioner and respondent were received. After going through the necessary formalities, the Tehsildar, Shahkot, recommended the name of the petitioner, which was duly endorsed by SDM Shahkot also. After examining the comparative merits of the candidates and hearing them, the District Collector, Jalandhar, vide his order dated 21-7-2005, appointed Sarwan Singh, respondent as Lambardar of the village. Aggrieved by this order, the petitioner filed an appeal before Commissioner, Jalandhar Division, Jalandhar, who dismissed the appeal vide his order dated 28-4-2006. Still, aggrieved, the petitioner has flied the present revision petition.

(3.) I have gone through the record of the case. Here I find both District Collector and Commissioner have rightly come to the conclusion that the respondent is a better candidate for appointment of Lambardar. The District Collector in his order dated 21-7-2005 has given adequate reasons for appointing the respondent as Lambardar. I agree with these reasons. The new pleas taken by the petitioner regarding respondent not owning land and being defaulter cannot be considered at the stage when these issues were not agitated before the Commissioner or before the Collector. Accordingly, the petition being devoid of merits is dismissed.