HARI DEV Vs. RAM PARKASH

JUDGEMENT

(1.) THIS is a revision petition u/s 16 of the Punjab Land Revenue Act, 1887 against the order dated 5.9.2006 passed by the Commissioner, Jalandhar Division, Jalandhar and order dated 28.2.2006 passed by the District Collector, Hoshiarpur regarding appointment of SC lambardar of village Thathal, Tehsil and District Hoshiarpur.

(2.) THE brief facts of the case are that on creation of a new post of SC Lambardar of village Thathal, the proceedings were initiated to fill it. A proclamation was made in the village for inviting applications from the willing and eligible persons. Six persons including present petitioner and respondent applied for the post. After completing required formalities, Naib Tehsildar, Hoshiarpur recommended the name of Gurdial Chand and forwarded the case to the Tehsildar, Hoshiarpur who forwarded the case to the SDM, Hoshiarpur. Candidate Harbilas s/o Pohlo Ram withdrew his name in favour of Hari Dev present petitioner. SDM, Hoshiarpur recommend the name of Gurdial Chand s/o Faqir Chand and forwarded the case to District Collector, Hoshiarpur. Candidate Kamal Dev withdrew his name in favour of Ram Parkash present respondent and candidate Ballu Ram withdrew his application in favour of Gurdial Chand before District Collector, Hoshiarpur. Out of remaining three candidates District Collector, Hoshiarpur after considering their merits appointed Ram Parkash as SC lambardar. Against this order, Gurdial Chand and Hari Dev filed two appeals before the Commissioner, Jalandhar who vide his order dated 5.9.2006 upheld the order of District Collector and dismissed both the appeals being bereft of merits. Against above order, Hari Dev filed present petition before this court.

(3.) COUNSEL further argued that Ram Parkash present respondent was of 57 years of age and only 6th Class pass, running Karyana shop in the village and having no social activities. Respondent was a trouble maker and created groupism in the village. Contempt proceedings were pending against him at Hoshiarpur. The District Collector and the Commissioner had wrongly ignored the candidature of Hari Dev who was more meritorious. Counsel prayed that the impugned order be set-aside and revision petition be accepted.