PIARA SINGH Vs. BAHADUR SINGH

JUDGEMENT

(1.) .- The present is an appeal under Section 13 of the Punjab Land Revenue Act, 1887, against the order dated 10th June, 1997, passed by the Commissioner, Patiala Division, Patiala, in a case of Harijan Lambardari, as per which, he had accepted the appeal of the respondents against the order dated 9-1-1997, passed by the District Collector, Fatehgarh Sahib; and, had remanded the case to the District Collector, Fatehgarh Sahib with a direction, that, "fresh proclamation be made in the village, so as to allow the appellants (the present respondents) to apply for the post of Harijan Lambardar before finalising the claim of any candidate to be considered for the appointment as Lambardar."

(2.) THE brief facts of this case are, that, with a view to fill-up the vacancy of a Harijan Lambardar in Village Salana Jeon Singh Wala, Tehsil Amloh, District Fatehgarh Sahib, casued with the death of the previous Lambardar Hari Singh, the District Collector, Fatehgarh Sahib had ordered the appointment of Piara Singh son of Hazura Singh as Harijan Lambardar, the sole applicant for the post, after considering his claim in the light of the provisions of Rule 19-B(i) of the Punjab Land Revenue Rules, 1909. Against this order, the present respondents Bahadur Singh, etc., had filed an appeal before the Commissioner, Patiala Division, Patiala, who had accepted the same vide his order dated 10th June, 1997, and had set aside the order passed by the District Collector and had further remanded the case to the District Collector, Fatehgarh Sahib. Aggrieved by this order, Piara Singh has filed the present appeal on the grounds stated in the appeal dated 21-7-1997.

(3.) AT the outset, it may be pointed out, that, the District Collector, Fategarh Sahib, as per her order dated 9-1-1997, had rightly ordered the appointment of Piara Singh son of Hazura Singh as Harijan Lambardar of the said village, after following the prescribed procedure, and her order does not suffer from any illegality or irregularity, which may call for interference. As is clear from the record, due proclamation was made in the village for inviting applications from the desirous candidates, to fill-up the vacancy of a Harijan Lambardar, and this proclamation was actually made by the village Chowkidar-Chand Singh, on 19-10-1996; and this fact has been recorded by the Halqa Patwari and has been certified by Amar Singh, Lambardar; Hakam Singh, Sarpanch and Jang Singh, Panch of the said village. Within the stipulated period, only Piara Singh son of Hazura Singh had submitted his application. The name of Piara Singh was recommended for his appointment as Harijan Lambardar by the Assistant Collector, II Grade, Amloh, as well as by the Assistant Collector, 1st Grade, Amloh. S/Sh. Hakam Singh, Sarpanch; Sarwan Singh, Lambardar; and Kesar Singh Panch, of village Salana Jeon Singh Wala, in their written statement had supported the claim of Piara Singh.