BALWINDER SINGH Vs. PIARA SINGH

JUDGEMENT

(1.) THE present is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 12.5.1993, passed by the Commissioner, Patiala Division, Patiala, in a Lambardari case.

(2.) THE present case has been hanging fire for the last 16 years, and its saga began in the year 1982, when the applications were invited from the desirous persons, to fill-up the vacancy of a Lambardar in village Lohari Kalan, now in Tehsil and District Fatehgarh Sahib, caused with the death of the previous Lambardar-Labh Singh.

(3.) THE Circle Revenue Officer-cum-A.C. 2nd Grade, Sirhind, after allowing the close contestants to place their evidence on record, and after listening the Ld. counsel for both the candidates, vide his report dated 23.11.1982, had recommended the name of Balwinder Singh for his appointment as Lambardar. About the other candidate-Piara Singh, the A.C. 2nd Grade, Sirhind had observed, During the course of arguments before the A.C. 2nd Grade, Sirhind, the Ld. counsel for Piara Singh, had produced a certificate from the Sarpanch of the village Panchayat, which was marked P-23, to the effect that, an amount of Rs. 312.50, in respect of the Shamlat Deh land for the year 1974-75, was outstanding against Shri Balwinder Singh s/o Ujagar Singh. The production of this document at the stage of arguments was objected to by the Ld. counsel for Balwinder Singh, and the A.C. 2nd Grade, Sirhind had refused to entertain this document as relevant. The Tehsildar, Sirhind had agreed with the report made by the Circle Revenue Officer. The S.D.O.(C)-cum-A.C. Ist Grade, Fatehgarh Sahib as per his report dated 4.3.1983, had agreed with the report of the Tehsildar, and had recommended the name of Balwinder Singh to the District Collector, Patiala for appointment as Lambardar.