JOGINDER SINGH Vs. DARBARA SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 13 of the Punjab Land Revenue Act, 1887, against the order dated 26.4.1994, passed by the Commissioner, Ferozepur Division, Ferozepur, whereby he had accepted the appeal of respondent-Darbara Singh.

(2.) BRIEFLY , the facts of the case are that consequent upon the death of Bhagat Ram, the permanent Lambardar of Village Bahadurwala (Patti Brahmana), the post of Lambardar fell vacant. The circle Revenue Officer, after obtaining permission from the Collector, got made proclamation in the village inviting applications from eligible persons for this post. In response to this proclamation, four persons, namely, Joginder Singh, son of Kesar Singh, Bohar Singh, son of Ram Singh, Darbara Singh, son of Sulakhan Singh and Surjit Singh, son of Shangara Singh applied for this post. The Collector, Ferozepur District, after considering the merits and demerits of the candidates and also the recommendations of lower revenue officers, appointed Shri Joginder Singh, the petitioner as Lambardar of Village Bahadurwala, vide his order dated 15.10.1993. Aggrieved by this order of District Collector, Darbara Singh, the present respondent No. 1 and Surjit Singh, respondent No. 3 filed separate appeals before Commissioner, Ferozepur Division, Ferozepur. However, the Commissioner, after hearing the counsel for the parties, vide his order dated 26.4.1994, rejected the appeal of Surjit Singh but accepted the appeal of respondent No. 1 Darbara Singh, quashed the order of District Collector, dated 15.10.1993 and directed the appointment of Darbara Singh, son of Sulakhan Singh as Lambardar of Village Bahadurwala (Patti Brahmana), Tehsil Zira, District Ferozepur.

(3.) SH . P.C. Munjal, Advocate, Counsel for the petitioner argued that Sh. Joginder Singh is 50 years of age, owns 32 Kanals of land and is resident of village Bahadurwala. He further argued that Joginder Singh is young in age as compared to respondent No. 1.