RAJINDER SINGH Vs. MANJIT SINGH

JUDGEMENT

(1.) THIS is a revision petition filed under section 16 of the Punjab Land Revenue Act against an order dated 27.2.1996 of Commissioner, Jalandhar Division, Jalandhar vide which he has dismissed the appeal against an order dated 10.3.1995 of Collector, Hoshiarpur.

(2.) THE brief facts of this case are that on the death of Rajinder Singh Lambardar of village Jaura dated 1.10.1992 Naib Tehsildar Tanda got a proclamation made in the village for inviting applications from the eligible persons. In response to this proclamation 13 persons submitted their applications. Naib Tehsildar recommended the name of Manjit Singh vide his order dated 14.6.94. Tehsildar Dasuya vide his order dated 28.9.1994 did not agree with the report of Tehsildar Tanda and recommended the name of Rajinder Singh. S.D.O.(C) Dasuya agreed with the recommendations made by the Tehsildar Dasuya. The merits of two candidates are as under :-

(3.) IN reply the respondent's counsel has also submitted written arguments. He has argued that the Collector has concluded that Rajinder Singh (petitioner) was quite old and looks physically unfit to perform the duties of the Lambardar. He further argued that the respondent is 42 years old as against 60 years old petitioner and that he holds 56 kanals of land and 10th pass, and that the total holding of the petitioner is 3 kanal out of which he had sold 2 kanal 2 marla on 21.7.1998, and therefore, he did not own sufficient land, and that the order of appointment dated 10.3.1995 is neither perverse nor illegal and the same has been upheld by the Commissioner, Jalandhar Division, Jalandhar. He has quoted 1974 PLJ page 425 and 1975 PLJ page 59. He has quoted various other rulings as mentioned in the written arguments in support of his claims and that the petitioner at the instance of Gram Panchayat is trying to create an impression that the respondent is not a permanent resident of village and that in the temporary absence of the respondent Shri Kirpal Singh son of Dharam Singh has served as Sarbrah Lambardar who was appointed by the Collector vide his orders dated 13.2.98.