ROSHAN LAL Vs. SITAL DASS

JUDGEMENT

(1.) THIS is a revision petition against order of Commissioner, Patiala Division dated 16.7.2004 vide which he dismissed appeal of the petitioner against order of District Collector dated 21.5.2003 and of Assistant Collector Grade-1 Anandpur Sahib dated 3.12.2002 vide which respondent No. 1 Sital Dass was appointed as Lambardar of village Uprala Brahmpur, Tehsil Anandpur Sahib, District Roopnagar.

(2.) FOR the newly created post of Harijan Lambardar of this village only one application of respondent No. 1, Sital Dass was received in response to the proclamation made by Naib Tehsildar, Nangal. The Assistant Collector Grade-1 (SDM), Anandpur Sahib considered the candidature of the applicant and appointed him as Lambardar of the village taking into consideration his qualification that he is under matric, belongs to scheduled caste, possesses 40 kanals of land in the village and is 59 years old. He recommended to the District Collector for issue of Sanad Lambardari vide reference dated 3.12.2002. Against this order Dasaundi Ram, Roshan Lal and Bawa Singh filed appeals before the District Collector who rejected the appeals on 21.5.2003. Roshan Lal filed appeal before Commissioner Patiala Division who dismissed the same on 16.7.2004. Hence the present revision petition before this Court.

(3.) IT is on record that proclamation in the village was done on 6.3.2002 in which it was made clear that applications can be submitted within 15 days from the date of proclamation. 20.3.2002 was the last date for submission of applications. At page 17-18 of Assistant Collector Grade-1's file, the application of respondent No. 1 is of dated 26.7.2002 which is hopelessly time-barred. The application submitted after the expiry of the date cannot be considered. I find that the lower revenue officers have wrongly considered the application of respondent Sital Dass. Fresh proclamation for inviting applications was required if no application was received within the stipulated date. I, therefore, accept the revision petition and set aside the impugned orders of Commissioner, Collector and Assistant Collector Grade-1, Anandpur Sahib vide which the appointment of respondent No. 1 was held to be valid. Tehsildar, Anandpur Sahib is directed to process the case by inviting applications after making proclamation afresh in the village. Announced. Petition allowed.