RANA SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) THIS is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887, against order dated 13.1.2005 of Commissioner, Jalandhar Division, Jalandhar, in the matter of appointment of Lambardar of village Malo Majra, Tehsil and District Nawanshahr.

(2.) THE brief facts of the case are that, a new post of lambardar was created in village Malo Majra, Tehsil and District Nawanshahr. To fill up this vacancy, a proclamation was made in the village. In response thereto 25 candidates including petitioner and respondent No. 3, applied. After completing the necessary formalities, S.D.M. Nawanshahr, recommended the name of respondent No. 3, who was of 36 years age, B.A. Pass; had four and half acre land in the village. District Collector Nawanshahr, vide his order dated 19.9.2003, appointed respondent No. 3 as Lambardar of the said village. Aggrieved by this order, petitioner filed an appeal before Commissioner, Jalandhar Division, Jalandhar. After hearing the parties, Commissioner, Jalandhar Division, Jalandhar, vide order dated 13.1.2005, dismissed the appeal. The Commissioner held that the petitioner has been making frivolous allegation against respondent and District Collector has made his choice in favour of best suitable candidate. Still aggrieved by this order, petitioner filed this revision petition before this Court.

(3.) I have gone through the record of the case. Both the District Collector and the Commissioner have held the candidature of the respondent to be better than that of petitioner. It is also a settled law that order of the District Collector for appointment of Lambardar is to be respected unless it is perverse or gross miscarriage of justice has taken place. I have gone through the order of the District Collector and I find that the same has been based on the merit after considering the qualifications of the applicants. The order of the District Collector is neither perverse nor illegal. Accordingly, I find no merit in the petition, the same is dismissed. Announced. Petition dismissed.