TEHAL SINGH Vs. PARSHOTAM SINGH

JUDGEMENT

(1.) THIS revision petition is under section 16 of Punjab Land Revenue Act against the order of Commissioner, Jalandhar Division, Jalandhar dated 25.5.2004 and order dated 6.3.2003 of Collector, Amritsar.

(2.) BRIEFLY the facts of this case are that after resignation of Bachan Singh Lambardar of village Chamiari, Tehsil Ajnala, District Amritsar applications were invited for the appointment of new Lambardar. After proclamation only one candidate i.e. present petitioner submitted his application. However during the proceedings before the S.D.M. another application of Parshotam Singh, present respondent, was received. The S.D.M. after hearing both the candidates recommended the name of Tehal Singh and forwarded the case to District Collector, who after hearing both the candidates appointed the present respondent Parshotam Singh as Lambardar of village Chamiari vide his order dated 6.3.2003. Aggrieved Tehal Singh filed an appeal before the Commissioner which was dismissed on 25.5.2004. Hence the present revision petition. Today the case is fixed for orders.

(3.) ON the other hand Sh. G.S. Nagra Advocate, counsel for the respondent argued that the orders of the Collector and Commissioner do not suffer from any illegality or perversity. The respondent is eldest son of previous Lambardar Bachan Singh and therefore the heredity claim is to be given to him in preference to the present petitioner. The counsel argued that it is well settled law that choice of the Collector is not to be interfered until and unless it suffer from any patent illegality or perversity. In support of his contention the counsel cited 2002(1) PLJ Page 406. The counsel argued that the Commissioner has passed a detailed order after weighing the merits and demerits of both the candidates and found the respondent more suitable for Lambardari of village Chamiari. The counsel argued that Lambardari rules do not provide for any minimum educational qualification for the appointment of Lambardar and even illiterate person can be appointed as Lambardar in the given circumstances of different cases. The counsel argued that as provided under the Lambardari rules the criteria for appointment of Lambardar is that a person to be appointed as Lambardar should be enjoying good reputation and unblemished image besides having personal influence in the locality. At the same time he should also be trust worthy dedicated, a person of good character and ability having sincerity to duty and who could maintain the dignity of th office of Lambardar.