KRISHAN KUMAR @ SULTAN Vs. ABHEY SINGH

JUDGEMENT

(1.) THIS is an appeal filed under Section 13 of the Punjab Land Revenue Act, 1887 against the orders of the Commissioner Hisar Division dated 21.12.95 vide which he set aside the Collector's orders dated 4.7.95 and appointed the present respondent as the Lambardar of village Kumthal in district Sirsa. Collector Sirsa had appointed the present appellant Krishan Kumar as the Lambardar of the village.

(2.) WHILE appointing Krishan Kumar as the Lambardar of the village the Collector had compared the merits and demerits of the two contesting candidates and found Krishan Kumar more suitable as compared to Abhey Singh mainly for 3 reasons, (1) that Abhey Singh has his Arhat shop in Ellenabad Mandi and would easily not be available in the village, (2) Abhey Singh irregularly occupied Mustarka Malkan land in the village and got girdawari of the above land changed into his own name, (3) The concerned Lambardar Shri Brij Lal who helped him in the above change of girdawari has since been dismissed. The lambardari presently in dispute was vacated only by Brij Lal.

(3.) THE present position is that Shri Abhey Singh as Sarpanch is under suspension and his conduct is under inquiry. An appeal filed before the State Government against the suspension and the inquiry ordered by the Collector was rejected on 28.5.93. On the other hand there is no adverse point against Krishan Kumar. His father was working as temporary Lambardar and working with his father he has gained experience for the work. He has enough land of his own and has been taking part in social and development activities in the village. Having considered all aspects of the case, I agree with the decision taken by the Collector and accept this appeal. The orders of the Collector dated 4.7.95 appointing Shri Krishan Kumar as Lambardar of village Kumthal in district Sirsa are thus restored. Appeal accepted.