JOGINDER SINGH Vs. BALJEET RAI

JUDGEMENT

(1.) This revision petition has been filed under Section 16 of the Punjab Land Revenue Act against the order dated 24.1.1995 passed by the District Collector, Ambala vide which the respondent has been appointed as Lambardar of village Pinjori, Tehsil Naraingarh, District Ambala and the order dated 25.4.1995 passed by the Commissioner, Ambala Division vide which his appeal against the order of the Collector, has been dismissed.

(2.) THE learned counsel for the petitioner argued that both Tehsildar and Sub Divisional Officer (Civil) had recommended that Joginder Singh, petitioner should be appointed as the Lambardar of this village. The petitioner is an Ex-Serviceman who retired as a Major-Subedar in March, 1990 and has been awarded many medals. However, the Collector came to the conclusion that he is not a resident of this village and hence the respondent has been appointed as the Lambardar. He said that various documents like khasra girdawari, service discharge certificate, Chulha tax receipt and voter list etc. show that he is a resident of this village. However, when he was serving in the Army, and he was posted at Chandi Mandir, his three sons were studying in Central School at Zirakpur and hence he took a room on rent in Zirakpur which he later purchased. He emphasised that Joginder Singh is indeed a resident of village Pinjori and hence he should be appointed as lambardar of the village.

(3.) I have studied the case-file and have considered the arguments advanced by the learned counsel for both the parties. District Collector, Ambala has considered the relative merits and demerits of both the candidates, namely Joginder Singh, petitioner and Baljeet Rai, respondent. The Collector has specifically stated in his order that Joginder Singh was a better candidate, were he the resident of village Pinjori. He has gone on to discuss the evidence produced by both the parties before him and has come to the conclusion that Joginder Singh does not reside in village Pinjori and hence he appointed Baljeet Rai as the Lambardar of the village. The Commissioner, Ambala Division has considered at length this main point whether the petitioner lives in village Pinjori or not. He has also considered the voter list, receipt of Chulha tax, ration card etc. as evidence produced by the petitioner as well as the evidence produced by the other party. He has also considered report of the SDO, H.S.E.B, Naraingarh who has stated that Joginder Singh does not have any electric connection in village Pinjori. He has also obtained a report from Sub Division Officer (C), Naraingarh who stated that the petitioner lives in village Zirakpur (Punjab). Thus findings of the Collector as well as the Commissioner regarding residence in this case are findings of fact. It is an important requirement for appointment of Lambardar that the candidate should actually reside in the village so that he is available to the members of the community as well as to the revenue administration. The post of Lambardar is not only a post of honour or decoration, but he has to perform certain duties towards the residents of the village as well as the Government which have been listed in the Punjab Land Revenue Rules. Thus, I find no ground of interference in the orders of the Collector or the Commissioner in this case and the revision petition is dismissed. To be communicated. Petition dismissed.